SANTHI ALIAS SARASWATHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE 4th defendant is the appellant.

(2.) THE first respondent herein, as plaintiff, has filed the suit for declaration, that he is the owner of the suit property, and for possession. THE claim is based upon Ex. A. 1 settlement deed dated 4. 8. 1969, executed by his father Srinivasan, who is the second respondent in the appeal. After the settlement deed, it seems, the father had alienated a portion of the suit property in favour of the appellant/4th defendant, for himself and as guardian of the plaintiff, under Ex. A. 2 document dated 24. 5. 1972. THE plaintiff, questioning this Ex. A. 2 sale deed and another sale deed executed by defendants 2 and 3 in favour of the 5th defendant under Ex. A. 3, dated 23. 1. 1976, has filed the suit for declaration and possession, as if those sale deeds will not bind him, since the properties belonged to him, as his separate properties, which cannot be sold by the guardian.

(3.) THIS Court, while admitting the Second Appeal, has formulated the following Substantial Question of Law: "whether the suit, as framed, is maintainable in the absence of a prayer for setting aside Ex. A. 2?"