AMIRTHAMKUDUMBAH Vs. SARNAM KUDUMBAN

JUDGEMENT

(1.) The appellant is the defendant in a suit instituted by the respondent to set aside a transfer of property made by the guardian of a minor and for recovery of possession of the property.. The suit was decreed, and the decree was confirmed by the first appellate court as well as by the High Court.

(2.) The plaintiff-respondent purchased the suit property from an ex-minor within three years after the minor attained majority. During his minority, the property was sold by his father as his natural guardian to a person from whom the present appellant purchased the property. All the courts found that the. guardian had not obtained the permission of the Court for the sale of the property, as required by S. 8 of the Hindu Minority and Guardianship Act, 1956 ("the Guardianship Act") and that the sale of the property was not for legal necessity.

(3.) Dismissing the second appeal, the High Court held that the suit was rightly instituted by the respondent as a transferee from the ex-minor within three years after the minor attained majority and that the contention of the defendant that the suit by a transferee from the ex-minor was hit by S. 6(c) of the Transfer of Property Act, 1882 was unsustainable.