V. BIJU Vs. KALYANI PILLAI

JUDGEMENT

(1.) The plaintiffs, two in number, filed the suit for declaration of their 2/7 rights over the plaint schedule property, to set aside Ext.A2 Sale Deed to the said extent, and for partition. The suit was concurrently dismissed by the courts.

(2.) The plaint schedule property has an extent of 64 cents. The plaintiffs and defendants 6 to 10 claim title over the property as per three Sale Deeds namely, Exts.A3 and A4 Sale Deeds of the year 1959 and 1961, and another Sale Deed number 449/1965. In the year 1975, the property was conveyed in favour of the predecessor of defendants 1 to 5 as per Ext.A2 Sale Deed. At the time of execution of the Sale Deed, the first plaintiff was a minor aged 1 1/2 years and was represented by his mother, the 9th defendant. The second plaintiff was in the womb. The suit has been filed on the plaintiff's attaining C. R. majority. Ext.A2 Sale Deed is challenged mainly on two grounds viz., that it is not supported by adequate consideration, thus adversely affecting the interests of the minors; and secondly, the mother-9th defendant, was not competent to represent the minors in the sale.

(3.) The trial court, though found that the plaintiffs have right over 43 cents out of the plaint schedule 64 cents, dismissed the suit holding that the plaintiffs have not established their right over the entire plaint schedule property. On appeal, the first appellate court held the suit to be barred by limitation, and accordingly affirmed the dismissal of the suit. It is aggrieved thereby that the Regular Second Appeal is filed.