P ALWAR CHETTY Vs. PCHIDAMBARA MUDALI (DIED)

JUDGEMENT

(1.) This is an appeal from a judgment of the learned Chief Justice sitting as a single Judge on the Original Side of the High Court,

(2.) Upon the death of one Rajamanicka Mudali, the father of the 1st defendant, the Administrator-General was directed by an order of Mr. Justice Boddam upon a petition presented to him on the Original Side to take out Letters of Administration to the estate of the deceased. Accordingly, Letters of Administration which are Exhibit Y were granted to the Administrator-General on the 28th March 1899. The 1st defendant is said to have attained his majority on November 1904. On the same day he mortgaged a house belonging to the estate of his deceased father in favour of the 3rd defendant; and on the 26th April 1905 he sold the same house to the plaintiff for Rs. 2500. Subsequently in July 1905 the Administrator-General at the 1st defendant s request sold this house to the 2nd defendant for Rs. 2300 in order to recover the commission due to him for the administration of the estate, and a sale deed was executed on the 1st August 1905 to that defendant. The plaintiff brought this suit for a declaration that the sale by the Administrator-General to the 2nd defendant was invalid; but this contention was found against him and the suit was dismissed. He now appeals.

(3.) The appellant s pleader, in his arguments, has raised the following questions:--(1) Was the sale by the Administrator-General after the 1st defendant attained majority and without the orders of the Court a good and valid sale ? (2) Did the property vest in the Administrator- General by virtue of the Letters of Administration ? and (3) Did the property vest in any other members of the family ?