J P APPUKUTTAN NAIR Vs. B A RADHAMMA

JUDGEMENT

(1.) The suit was instituted by the plaintiff within three years of her attaining the age of majority. She challenges Ext. A1 dt. 31-3-1975 executed by her parents, during her minority, in favour of the first defendant and his wife. The main contention of the plaintiff is that the sale by her parents was without obtaining the sanction of the court as required under S.8(2) of the Hindu Minority and Guardianship Act, 1956. That Sub-Section says: "(2) The natural guardian shall not, without the previous permission of the Court, - (a) .......... transfer by sale, ... ...., any part of the immovable property of the minor, or (b) " Sub-Section (4) says : "No court shall grant permission to the natural guardian to do any of the acts mentioned in Sub-Sec. (2) except in case of necessity or for an evident advantage to the minor."

(2.) Both the courts found that the sanction of the court as required under S.8(2) had not been obtained before the sale was effected, and the plaintiff was therefore entitled to recover the property.

(3.) Counsel for the appellants submits if the sanction of the Court had been sought it would have been, in the circumstances of this case, granted, for undoubtedly the sale was for "an evident advantage to the minor'. He contends, therefore, that the transaction should be regarded as valid.