K VELLAYAPPA ROWTHEN Vs. KBAVA ROWTHEN

JUDGEMENT

(1.) Under Exhibit A the respondents purport to convey full title in the suit property and the appellant is entitled to rely on Section 55 (2) of the Transfer of Property Act. His knowledge that the title was defective will not in such circumstances preclude him from suing for recovery of his purchase-money. Vide Subbaraya Reddiar v. Rajagopala Reddiar 23 Ind. Cas. 570 : (1914) M.W.N. 376 : 15 M.L.T. 240 and Thekkemannengath Raman v. Kakkesseri Pazhiyot Manakkal Karnavan 27 Ind. Cas. 989 : 28 M.L.J. 184 : 2 L.W. 433.

(2.) The decree of the Subordinate Judge is set aside and the appellant (plaintiff) will be given a decree for Rs. 538-4-0 with subsequent interest at 6 per cent.

(3.) Each party will bear its own costs throughout.