Mumbai Court March 1948 Judgments

Pethu Reddiar Vs. Rajambu Ammal

Court: Mumbai

Reported in: (1948)50BOMLR503

MacDermott, J.1. The litigation from which this appeal arises was commenced on April 20, 1932, by one Somasundara Reddiar against some 18 defendants for the purpose of setting aside a power-of-attorney and 14 sale-deeds all of which had been executed by Somasundara, the plaintiff, in favour of one or other of the defendants. The power-of-attorney was dated September 21, 1931. The sale-deeds were executed on various dates ranging from November 16, 1931, to March 5, 1932. Somasundara sued as a person of unsound mind and a pauper, by his wife and next friend Rajambu Ammal, the present respondent, whom he had married in 1927 when he was about 17 years old. The relief sought was that all the documents mentioned should be set aside and possession given of the properties the subject of the sale-deeds. In their substance the grounds of this claim were (1) that Somasundara was not of sound mind within the meaning of Section 12 of the Indian Contract Act, 1872, at the dates of the transactions i...