RAMACHANDRAN NAIR Vs. KRISHNAN

JUDGEMENT

(1.) This appeal comes up before us on an order of reference passed by Velu Pillai, J., on 21st May 1962. The learned Judge has formulated the question for decision as

(2.) The 3rd defendant is the mother of the plaintiff - appellant and defendants 5 and 6, and the 4th defendant is the husband of the 3rd defendant and the father of the appellant and defendants 5 and 6. The thavazhi of the 3rd defendant obtained the plaint property under Ext. X partition deed. This property, a garden land having an extent of 14 cents situated near the Railway Station at Chirayinkil, was sold on 10-10-1118 in favour of defendants 1 and 2 who are two of the respondents in this appeal by the 4th defendant acting on the authority conferred on him by Ext. III power-of-attorney executed in his favour by defendants 3, 5 and 6. The sale was for a consideration of Rs. 472 1/2 and Rs. 375/- out of the same was utilised for acquiring a mortgage right over certain paddy lands having an extent of 60 cents. Ext. II is the mortgage. The remaining Rs. 97 1/2 was received for the purpose of meeting the registration expenses for Exts. I and II.

(3.) The two courts below have held that Ext. I sale deed was executed for legal necessity binding on the tarwad and have accordingly dismissed the suit.