S BADRINARAYANAN Vs. M PURUSHOTHAMAN

JUDGEMENT

(1.) THE third defendant is the appellant herein.

(2.) THE first respondent who is the plaintiff in the suit filed a suit for declaration of title and also for permanent injunction with respect to the suit property.

(3.) THE plaintiff has contended that the first defendant who is the father of the second defendant constituted a joint Hindu family. The first defendant being the Manager of the joint Hindu family sold away the suit property under a registered sale deed dated 10. 02. 1992 for a sum of Rs. 41,000/- in order to discharge the family debt contracted by the manager of the family. As the first defendant being the manager of the joint family sold away the suit property to the plaintiff to discharge the binding antecedent debts of the family, the sale deed executed by the first defendant would bind the second defendant as per law. The second defendant has created a sale deed dated 17. 02. 1992 in favour of the third defendant with respect to part of the suit property. Alleging that the third defendant is making an attempt to interfere with the plaintiff's possession and enjoyment of the suit property under the guise of the illegal sale deed in favour of the third defendant, the suit has been filed for the aforesaid reliefs.