P V MADHAVI Vs. P V BALAKRISHNAN

JUDGEMENT

(1.) THIS appeal is filed by the first defendant in O. S. No. 10 of 1996 on the file of the Sub Court, Hosdurg. Respondents 1 and 2 are the plaintiff and the second defendant in that suit. It was a suit for setting aside the Sale Deed executed by the guardian of a minor and for partition.

(2.) THE case of the plaintiff is briefly as follows. The plaintiff's father, late Kunhiraman Nair, was holding properties jointly with his sister karthiyayani. On his death, his half right over the said properties devolved upon the plaintiff and his mother, the second defendant, who are his only heirs and legal representatives. Plaintiff was a minor when his father died. Thereafter, in a suit for partition filed by the plaintiff's mother against karthiyayani, the half share of the plaintiff and his mother was allotted to them jointly as per a partition decree in O. S. No. 123 of 1978 of the Munsiff court, Hosdrug. The plaintiff's mother was holding the said property for and on behalf of the plaintiff also since the plaintiff was a minor.

(3.) THE suit properties consisting of two items contain improvement and was more than sufficient to meet the need of the plaintiff and his mother, the 2nd defendant. The first defendant purchased the property from the plaintiff's mother on 29. 8. 1980. The plaintiff's mother had executed the document for herself and on behalf of the minor plaintiff. Plaintiff's right was purported to be transferred under the document. It was sold for a consideration of rs. 6,000/- It is recited in the document that Rs. 4,000/- was received by her in advance, which was used for clearing the debts of the plaintiff's father and rs. 2,000/- received at the time of execution of the document was paid towards consideration for purchasing another property in the name of the plaintiff.