RAJAMMAL Vs. MADHAVA YOGI

JUDGEMENT

(1.) Plaintiff (Respondent) sued for possession of a house which he purchased from a widow Balasundari Animal (deceased before suit) by a registered sale deed (Exhibit B). Appellants were the contesting defendants (Nos. 2 and 3). They impugned Balasundari Ammal s right to alienate the property and further contended that the sale by (Exhibit B) was a purely nominal transaction.

(2.) The District Munsif found that Balasundari Ammal had only a widow s estate in the property; and further (Ex. B.) did not evidence a real sale and plaintiff obtained no title to the property under it. He therefore dismissed the suit.

(3.) The Subordinate Judge on appeal set aside the dismissal and gave plaintiff a decree. He found (therein agreeing with the Munsif) that an adoption set up by appellant was invalid and that, they were not the reversioners to Balasundari s husband. He therefore held that it was not open to them to question the alienation (Ex. B.) and its consideration.