CHUMMAR Vs. ROSA

JUDGEMENT

(1.) This is an appeal from the decision of Vithayathil J, in S.A. No. 69 of 1950 of the High Court of Travancore-Cochin after obtaining his declaration that the case is a fit one for appeal under S.21 of the Travancore-Cochin High Court Act, ! 125. Chummar, the appellant before us and in S. A. No. 69 of 1950, was the defendant in O. S. No. 274 of 1121 of the Munsiff's Court, Ernakulam. He was also the unsuccessful appellant in A. S. No. 79 of 1123, the appeal from the decision in O. S. No. 274 of 1121 to the District Court of Anjikaimal.

(2.) The plaintiffs in O. S. No. 274 of 1!21 and the respondents in A. S. No, 79 of 1123, S. A. No. 69 of 1950 and before us are the children of one Lonan who had a leasehold interest created by an oral lease in the item of property specified in the schedule to the plaint. The first plaintiff, Rosa, was a major at the time of the suit. The second and third plaintiffs are still minors. The first plaintiff acts as their guardian.

(3.) The owner of the property at the time of the oral lease was Chakku, the father of the defendant. Under a family partition on 15-3-1109 (Ext. I) the property was allotted to the defendant. He was a minor at that time, and before he attained majority Chakku acting as his guardian sold the property to one Damodara Pisharody on 29-10-1112 (Ext. D).