BHAGEERATHI PILLAI Vs. SOTHI NADAR

JUDGEMENT

(1.) THE plaintiff is the appellant. THE plaintiff, 5th defendant and one Raman Pillai are the children of the 1st defendant. THEy are governed by the Nair Act. In the partition under Ext. A in their tarwad on 3rd vrischigam 1106 the shares of the plaintiff, 1st defendant and the 5th defendant were put in E schedule of that partition deed. THEse three shares were to be enjoyed together and each was entitled to a third in the properties. THE plaintiff stated that the one-third share of the 1st defendant had been settled upon her with a right to the 1st defendant to enjoy the same for life and for charging the properties for bona fide purposes except in selling the same or mortgaging them with a term. THE plaintiff stated that the 1st defendant had executed a mortgage deed Ext. B on 3rd Edavam 1118 in favour of one Ponnamma Nadachi and subsequently she sold the equity of redemption on 5th meenam 1119 by Ext. C to the 2nd defendant. THE plaintiff had filed O. S. 1193 of 1118 in the Principal Munsiff's Court, Padmanabhapuram to set aside this mortgage deed. It was during the pendency of this suit that the sale deed Ext. C also was executed by the 1st defendant. This suit is to set aside the sale deed Ext. C.

(2.) THE defence contention was that the restraint on alienation placed on the 1st defendant was void, that the 1st defendant was competent to deal with the properties allotted to her in any way it pleaded her and that the plaintiff was incompetent to question them.