JYOTI SINGH BAIS Vs. PREM LAL HALWAI

JUDGEMENT

(1.) Heard. This second appeal arises out of impugned judgment and decree dated 13.12.2002 passed by the Second Additional District Judge, Jagdalpur, District Bastar in Civil Appeal No.18-A/2002, by which, judgment and decree dated 13.03.2001 passed by the Trial Court in Civil Suit No.17- A/2000 has been affirmed, dismissing the appeal.

(2.) The appellants/plaintiffs filed a suit seeking declaration that sale deed dated 24.04.1981 be declared void and inoperative and also for recovery of agriculture land being subject matter of the said sale deed on the pleadings inter alia, that the property in dispute originally belonged to one Mahendra Singh Bais. After death of Mahendra Singh Bais, the plaintiffs, who were the minor sons and daughters of Mahendra Singh, succeeded to the property of deceased Mahendra Singh, along with their mother Vidyawati. As per the pleadings of the plaintiffs, even though, there was no legal necessity, their mother Vidyawati/ defendant No.2 kept on selling joint family property including the property in dispute being subject matter of disputed sale deed dated 24.04.1981. According to the appellants, the mother had not taken any permission from the Court in terms of legal requirement as mandated in Section 8 of the Hindu Minority and Guardianship Act, 1956 (for short 'the Act of 1956'). Therefore, the sale deed was voidable at the option of the plaintiffs being sons and daughters of the deceased Mahendra Singh.

(3.) Vidyawati/Defendant No.2 despite having served with the notices, did not file any written statement and remained ex-parte. Defendant No.1/the purchaser Premlal Halwai, however, contested the suit by filing written statement stating that Vidyawati lost her husband Mahendra Singh on 04.10.1980 and she had minor sons and daughters to maintain. She was in need of money for maintenance of her minor children and towards legal necessity for maintenance and other requirements of the family, she sold disputed property vide sale deed dated 24.04.1981 in favour of defendant No.1/Premlal Halwai in the year 1981, when all these sons and daughters were minor. Making other pleadings with regard to necessity, the defendants resisted the suit and prayed for dismissal of the suit.