SANDEEP Vs. SAROJINI NOSSIAR

JUDGEMENT

(1.) Plaintiffs are the appellants. They filed the suit for recovery of possession of the plaint schedule properties on the strength of title with alternative prayer for partition of 2/3 shares with mesne profits. Learned Sub Judge dismissed the suit holding that Ext. A2 assignment deed which is challenged by the plaintiffs is valid and binding on the thavazhi including the plaintiffs.

(2.) Plaintiffs contended that their mother, first defendant had no authority to sell the plaint schedule properties to the second defendant and that Ext. A2 assignment is not binding on them. They further contended that second defendant obtained the assignment deed from the first defendant exerting undue influence and coercion.

(3.) First defendant did not contest the suit. Second, defendant filed, written statement contending that the suit has been filed in collusion with the first defendant, that the first defendant was the thavazhi karanavathi, that she represented the plaintiffs in the partition deed as their guardian and that Ext. A2 assignment was supported by tarwad necessity and therefore plaintiffs cannot challenge the same.