HANSIBEN Vs. PARBHABHAI CHELABHAI KANBI

JUDGEMENT

(1.) In this appeal under Sec. 47 of the Guardians and Wards Act read with Sec. 96 of the Code of Civil Procedure, 1908 (the Code for short), the appellant has assailed the judgment and order dtd. 21/6/2019 passed by the learned 2nd Additional District Judge, Deesa, District: Banaskantha in Civil Misc. Application No.39 of 2018 by which the application under Sec. 29 of the Guardians and Wards Act for permission to sell undivided share of the minors appellants no.2 to 6 was rejected.

(2.) Heard learned counsel Mr. Ankit Bachani appearing for and behalf of the appellant.

(3.) Mr. Ankit Bachani has submitted that the impugned judgement is contrary to the settled position of law, facts and evidence on record. He further submitted that the Court below could have allowed the permission to sell subject to reasonable conditions so as to protect the interest of the minor. Thus, in this context, referring to Sec. 12 of the Guardians and Wards Act and ratio laid down in the case of Sankhala (Mali) Kantaben Bharatbhai vs. Rabari Panchalbhai, AIR 2020 SC 205, it was submitted by learned counsel Mr. Ankit Bachani that no permission is required to sell the undivided share of the minors in an agricultural land.