P.T.SUDHEER KUMAR Vs. C.V.RADHA

JUDGEMENT

(1.) APPELLANT -plaintiff filed O.S. No.321 of 1995 of the Munsiff's Court, Manjeri for partition of the plaint B schedule items 1 to 3 claiming that the said properties belonged to the late Panjankutty, his father and others and that after the death of father, the said items are partible. He also claimed that at a time when he was 10 years old, his mother, as his guardian (after the death of his father) entered into certain transactions which are ab initio void and hence not binding on him.

(2.) RESPONDENTS 4 and 5-defendants 4 and 5 contended that the suit is time barred as it is not filed within three years of the appellant attaining majority.

(3.) THE learned counsel for the appellant pointed out that a Division Bench of this Court in Santhosh Kumar v. Varghese (1987 [2] KLT 27) has held that any transaction in violation of sub-sec.(3) of Section 8 of the Hindu Minority and Guardianship Act, 1956 (for short, "the Act") is void and hence it is not necessary to assail such transaction. Instead, the minor on his attaining majority can ignore such transaction and claim substantive relief.