ABDUL SUKKOOR Vs. MUHAMMED DIRAR

JUDGEMENT

(1.) SECOND appeal by 12th defendant.

(2.) THE suit properties along with several others belonged to Uthuman Pillai, whose heirs are the plaintiffs and defendants 2 to 10. At the time of his death the suit properties were under a mortgage for Rs. 700. On medom 24, 1119, his heirs joined to execute a sale (Ext. D4) of the suit properties to the 1st defendant to discharge his mortgage and certain other debts and also a deed of partition (Ext. Dl) of his remaining properties among themselves. Plaintiffs, who were minors then, were represented by their mother as guardian. After attaining majority, the plaintiffs instituted this suit to set aside Ext. D4 and to recover their share in the suit properties, offering to pay their share of the mortgage debt. THE 1st defendant contends that the sale is valid and that the plaintiffs are estopped from impeaching the same and those contentions are adopted by his legal representative, the present appellant. THE munsiff held the suit time-barred as regards the 1st plaintiff, and decreed it as concerns the 2nd plaintiff holding Ext. D4 void as he was represented therein by his mother as guardian which she was not in law. On appeal, the subordinate Judge affirmed the same. Hence this second appeal.