CHANDRASEKHARA PILLAI Vs. KOCHU KOSHI

JUDGEMENT

(1.) This Second Appeal is by the plaintiffs in a suit to set aside a sale of their tarwad property.

(2.) The consideration for sale of the suit property as per Ext. I was Rs. 862 1/2 made up of a cash consideration of Rs. 10/- and a sum of Rs. 789 1/4 to be advanced for an assignment, Ext. II, in the name of 2nd defendants tavazhi, of a mortgage on a property belonging to Velayuda Kurup, the husband of the 2nd defendant, and

(3.) Counsel for the alienee relied on Gourikutty Pilla Thankachy v. Velayudhan Pilla [ 1957 KLT 577 ) and contended that the sale of tavazhi property for the purpose of acquiring a mortgage interest was for a legal necessity binding on the tavazhi and supported the reasons accepted by the Subordinate Judge to find its validity.