BASANT KUMAR CHANDRAKAR Vs. TULSIRAM

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in the second appeal preferred by the appellant/ plaintiff.

(2.) The plaintiff filed a suit for possession of the suit land stating inter alia that his grand-father has purchased the property in his favour on 04.05.1983 and his father Tulsiram sold the suit property on 10.01.1984 which is contrary to the provisions contained in The Hindu Minority and Guardianship Act, 1956 (in short 'the Act'). Therefore, he is entitled for possession. The trial Court, after appreciating the oral and documentary evidence available on record held that the alienation dated 10.01.1984 is in violation of provisions contained in Section 8 of the Act but dismissed the suit holding that the plaintiff has not challenged and had not sought declaration that sale deed dated 10.01.1984 is null and void which has been upheld by the first appellate Court.

(3.) Mr. Paranjpe would submit that the judgment and decree passed by the two Courts below are perverse and contrary to law and appeal involves substantial question of law for determination.