1993 (5) TMI 173

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..... ppellant. The suit relates to 9 Kanals 13 Marlas of land at village Qayampur. The said land was owned by Rajinder Singh and Baldev Singh, the respondents, and was sold while they were still minors by their mother Gurkirpal, acting as their guardian, to the appellant under a registered sale deed dated 30th July, 1964. Upon attaining majority the respondents sued the appellant for possession of the .....

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..... was for legal necessity or for the benefit of the respondents; that the sale by the respondent's mother without the permission of the court was void; and that the sale was void and not voidable and the suit was, therefore, in time. The appeals filed by the appellant before the Additional District Judge. Ambala and the High Court failed. Learned counsel for the appellant placed great reliance .....

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..... of the minor or is without the previous permission of the court is voidable at the instance of the minor. In the instant case, there, is, as found by the trial court and affirmed in appeal, no evidence beyond the bare word of the appellant that the sale deed had been made for the benefit of the minor respondents and his evidence had been eroded in cross-examination so that there was no "reli .....

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..... that the mother became the natural guardian. Where the father was alive but had fallen out with the mother of the minor child and was living separately for several years without taking any interest in the affairs of the minor, who was in the keeping and care of the mother, it was held that, in the peculiar circumstances, the father should be treated as if nonexistent and, therefore, the mother co .....

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..... ection 8 empowers only the legal guardian to alienate a minor s immovable property provided it is for the necessity or benefit of the minor or his estate and it further requires that such alienation shall be effected after the permission of the court has been obtained. It is difficult, therefore, to hold that the sale was voidable, not void, by reason of the fact that the mother of the minor respo .....

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