KOCHUKUNJU KURUP Vs. CHANDRAMATHIYAMMA

JUDGEMENT

(1.) The first defendant is the appellant before me. The suit was for setting aside a sale deed executed by the second defendant, the mother of the plaintiff, in favour of the first defendant, evidenced by Ext. A dated 7-1-1112. The sale was of 20 1/2 cents of garden land for a consideration of Rs. 145. The amount realised by the sale of this property was utilised for taking a mortgage of a plot of Nilam of about 34 cents in extent on the same day as Ext. A. The mortgage document is evidenced by Ext. 2. The transaction was sought to be set aside on the ground that it was not supported by consideration or tarwad necessity.

(2.) The first defendant vendee contended that the property belonged absolutely to the second defendant and that the transaction is supported by consideration and tarwad necessity.

(3.) The Trial Court accepted the contentions of the first defendant and held that the transaction is supported fully by consideration and also tarwad necessity.