V. M. RV. MR. RAMASWAMI CHETTIAR AND ANR. vs R. MUTHUKRISHNA IYER AND OTHERS

The Supreme Court held that the sale of a half share by the third defendant was voidable, not void ab initio, and thus the indemnity bond executed by the second defendant was enforceable only if the vendee was dispossessed. The Court affirmed the High Court's decision to grant damages to the plaintiffs only for the actual loss sustained, as they remained in possession of the property. The ruling clarified that no damages could be claimed under the indemnity bond while the vendee retained possession, establishing a principle regarding the enforceability of indemnity in cases of voidable titles.