ARUMUGHOM PILLAI Vs. JANARDHANA PANICKER

JUDGEMENT

(1.) THESE two appeals arise out of O. S. 229/1951, District munsiff's Court, Kanjirappally filed by the 5 plaintiffs for setting aside the sale deed, Ext. 1 executed in favour of the first defendant by their mother the second defendant and their father regarding item 1 of the plaint schedule. Plaint item 2 is a building constructed on item 1 by the first defendant after his purchase. The case of the plaintiffs was that the plaint item 1 was obtained by gift by their mother from their father under Ext. A and that the said property constitutes the sub-tarwad property of the second defendant and her children.

(2.) THE plaintiffs further contended that the sale deed is not supported by consideration and necessity and as such, it is not binding on the plaintiffs.

(3.) THE trial court came to the conclusion that the gift deed, Ext. A has been action upon.