NARAYANAN Vs. PADMANABHA IYER

JUDGEMENT

(1.) THE 1st defendant in O.S.No.249 of 1123 of the District Court,Ernakulam,is the appellant before us.The suit was to set aside Ext.I,a sale deed dated 21 -6 -1119(3 -2 -1944 ),in favour of the appellant in so far as it affects the plaintiff's share in the item sold and for the partition and delivery of his share to him.Defendants 5 to 11 in a joint written statement and defendants 12 and 13 in another written statement supported the plaintiff and claimed their shares in the suit property.

(2.) THE plaintiff and defendants 2 to 13 are the members of a Hindu Mithakshara family.The 2nd defendant is the father of the plaintiff and defendants 3 to 11.The 3rd defendant is the father of defendants 12 and 13.

(3.) EXT .I was executed by defendants 2,3 and 4,the major members of the family on the date of its execution.The 2nd defendant was fifty -four years of age on that day,the 3rd,twenty -four,and the 4th twenty.All the sons of the 2nd defendant,other than defendants 3 and 4,were minors on the date of Ext.I.The 2nd defendant acted as their guardian in the execution of the document.