Paneerselvam VS. State Of Tamilnadu

Extract

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Paneerselvam VS. State Of Tamilnadu

The Judgement Information System CASE NO.: Appeal (civil) 4033 of 2004

PETITIONER: Bal Krishna & Anr.

RESPONDENT: Bhagwan Das (Dead) & Ors.

DATE OF JUDGMENT: 25/03/2008

BENCH: P.P. NAOLEKAR & LOKESHWAR SINGH PANTA

JUDGMENT: J U D G M E N T

P.P. NAOLEKAR, J.: 1. By this appeal, the appellants (plaintiffs in the suit) (hereinafter referred to as the plaintiffs for the sake of convenience) have challenged the judgment and order of the High Court dated 7.5.2002 whereby the suit filed by the plaintiffs on 10.5.1973 for specific performance of the contract to reconvey the suit property by Manaklal, the predecessor-in-interest of respondents Nos. 1 and 2 herein (original defendant No. 1 in the suit) (hereinafter referred to as the defendant for the sake of convenience) was dismissed by the High Court.

2. The facts necessary are that the suit property was a joint family property of the plaintiffs, namely, Bal Krishna and Ramanlal, both brothers and their late grandmother Mainabai. The parents of the plaintiffs as also their grandfather late Ramnarayan Bhutda, husband of late Mainabai had died much before the execution of the transaction in dispute. On 19.7.1952, when the plaintiffs were minors, their late grandmother Mainabai purporting to act for herself and as guardian of the plaintiffs executed a registered sale deed vide Exhibit D/1for consideration which w...

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