MANIRAM Vs. DUDASHAN

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this plaintiff's second appeal state as under:

(2.) The suit property was purchased by defendant No. 3 - Ganeshiya Bai in the name of her minor son i.e. the plaintiff (Maniram) by registered sale deed dtd. 22/03/1969. Thereafter, on 12/04/1970, plaintiff's mother - Ganeshiya Bai sold the suit property in favour of defendant No. 2 namely Bhagirathi and thereby, delivered the possession of the suit property to the said defendant.

(3.) Plaintiff herein filed a civil suit bearing No. 129A/02 for declaration of title and recovery of possession on 25/07/1991 stating inter alia that her mother / de-facto guardian was not empowered to alienate the suit property without permission of the Court as required under Sec. 8 (2) of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as "Act of 1956") and therefore, he is entitled for declaration of title and recovery of possession.