C ANTHONYSAMY Vs. V RAJAGOPAL PADAYACHI

JUDGEMENT

(1.) THE plaintiff in O.S.No.1250 of 1982 and the defendant in O.S.No.119 of 1983 has filed these Second Appeals aggrieved by the judgments and decrees of the courts below.

(2.) THE appellant filed O.S.No.1250 of 1982 for declaration that he is entitled to the entire suit properties and for injunction restraining the defendants from interfering with his possession in the suit properties or in the alternative for recovery of possession of the same.

(3.) THE courts below held that the sale deed executed by Kuzhanthaiammal on behalf of the minor children in favour of the appellant under Ex.A2, dated 15.5.1972 cannot be sustained as no permission from the court was obtained, as contemplated under Section 8 of the Hindu Minority and Guardianship Act, 1956, hereinafter called 'the Act 1956', and so the plaintiff in O.S.No.1250 of 1982 (appellant herein) cannot claim any right in the share of the minors, as the 1st respondent has filed the suit, namely, O.S.No.119 of 1983 to avoid the sale within 12 years, as contemplated under Article 65 of the Limitation Act.