THALAGARA RAMANNE Vs. KALAGARE GANGAYYA

JUDGEMENT

(1.) The District Judge finds that out of the sum of Rs. 1300 the price paid for the property, Rs. 1022 was to pay off a debt or debts which the widow was legally justified in paying out of the corpus of his son s estate, and that as regards the balance of Rs. 278, there was no justification for obtaining that money by sale of the land. The District Judge also finds that both sales were bona fide transactions and that the prices paid were not unreasonably low. These findings we accept but we do not think they justify the decree which the District Judge has made.

(2.) The sale Exhibit IV for Rs. 700 is clearly wholly good as found by the District Judge and the reversioners have no claim to recover the property. The only ground suggested in support of the decree is inadequacy of price but the District Judge s finding is that the price was not unreasonable.

(3.) As regards the sale for Rs. 600, the sum of Rs. 322 is binding, so to phrase it, on the reversion and Rs. 278 is not binding; but the sale was bona fide and the purchaser is, we think, entitled to retain the land.