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Kalidindi Ramaraju and ors. Vs. Gadiraju Narasimharaju and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1109
AppellantKalidindi Ramaraju and ors.;sayyapa Raju, Chinna Thirupathi Raju
RespondentGadiraju Narasimharaju and ors.;kalidindi Ramaraju and ors.
Excerpt:
transfer of property act (iv of 1882), section 54 - agreement for sale of immovable property, whether creates any interest in property--sale of property not binding on minor sons--receipt of advance by vendor--minor sons of vendor entitled, on vendor's death, to property on payment of the advance. - .....received rs. 200 out of the sale price of rs. 600 agreed upon. before the sale was completed the plaintiffs' father died. the plaintiffs' mother then sold the property in pursuance of ex. iii and received the balance rs. 400 of the purchase money. it is found that the sale was not for purposes binding on the minors. the plaintiffs now sue to recover the property and the subordinate judge has given them a decree for four-fifths of the property. the question is whether the plaintiffs are not entitled to recover the whole property on refunding the rs. 200,earnest money. in our opinion they are; by ex. iii no interest in the property passed--section 54 of the transfer of property act--and on the death of their father the whole property went to the plaintiffs by survivorship. the sale by.....
Judgment:

1. The father of the plaintiffs agreed under Ex. III to sell the property to the father of the defendants Nos. 1 to 3 and received Rs. 200 out of the sale price of Rs. 600 agreed upon. Before the sale was completed the plaintiffs' father died. The plaintiffs' mother then sold the property in pursuance of Ex. III and received the balance Rs. 400 of the purchase money. It is found that the sale was not for purposes binding on the minors. The plaintiffs now sue to recover the property and the Subordinate Judge has given them a decree for four-fifths of the property. The question is whether the plaintiffs are not entitled to recover the whole property on refunding the Rs. 200,earnest money. In our opinion they are; by Ex. III no interest in the property passed--section 54 of the Transfer of Property Act--and on the death of their father the whole property went to the plaintiffs by survivorship. The sale by their mother was not binding on them. We, therefore, in modification of the Subordinate Judge's decree, give the plaintiffs a decree with costs here and in the lower appellate Court for the whole property on condition of their re-paying the sum of Rs. 200.

2. Decree modified.

3. In S.A. 293 of 1906.

4. The decree is right. The second appeal is dismissed with costs.


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