V. CHRISTOPHER Vs. SARANYA B. RAJENDRAN AND OTHERS

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner assails the order of the learned Principal Munsiff, Thiruvananthapuram in O.S. No. 1951/2010 dated 08-12-2015, where the preliminary question of maintainability raised by the petitioner as the first defendant, was answered against him.

(2.) The facts in brief are thus: The plaintiff in the abovesaid suit challenged the sale deed No. 2898/1989, in favour of the petitioner herein, among other grounds, also on the ground that the sale is invalid in view of the specific provisions under Sections 4 and 5 of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975, because the requisite sanction from the District Collector has not been obtained before the sale deed was executed in favour of the petitioner herein by defendants 2 and 3, who are other owners of the property. The learned Munsiff considered the preliminary objection and decided, vide the impugned Ext.P5 order that, being a civil suit for declaration pertaining to the rights of a minor to challenge the sale by her natural guardian, without the requisite sanction, effected during her minority, the issue cannot be decided by the District Collector under the provisions of the Act. The objection raised regarding the non-maintainability of the suit was brushed aside.

(3.) The respondents were served with notice and all of them appeared. Counter affidavit is filed by the first respondent. Heard the learned Counsel for the petitioner and the respondents. Documents perused.