C A CHERIAN Vs. A MENON

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Kerala by a certificate granted by it under Art. 133(1) of the Constitution.

(2.) The appeal arises out of a suit instituted by a Karnavan of a Tarwad along with two minor members of the Tarwad for setting aside a registered assignment deed (hereafter referred to as sale deed) executed by his Mukthiar Karunakara Menon, who is a junior member of the Tarwad and by all the other adult members of the Tarwad on 17-6-1117 (M.E.). We have not been able to ascertain the correct date according to the Gregorian Calendar; but it has been accepted before us that the document was executed in the month of Fcbruary,1942. Nothing however turns on the precise date of the execution of the document. This document is in fact a sale deed and thereunder certain property belonging to the Tarwad was sold to the first defendant to the suit, who is appellant No. 1 before us, for a consideration of Rs. 8,000/-. Out of the amount of Rs. 8,000/- a sum of Rs. 5,250/ was required for discharging the debt due under a mortgage decree against the Tarwad.

(3.) The grounds on which the sale is challenged by the plaintiffs are briefly these: