SURENDRA NATH Vs. CHANDRAWATI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This is Plaintiff's Second appeal. O.S. No. 241 of 1971 was instituted by the Plaintiff for cancellation of sale deed dated 28.5.1952. The suit was dismissed by IIIrd Additional Munsif, Deoria on 6.12.1973. Civil Appeal No. 48 of 1974 was also dismissed on 11.7.1975 by Civil Judge, Deoria, hence, this Second Appeal. Defendant Respondent Nos. 2 and 3, Purshottam and Smt. Rajpati are father and mother of the Plaintiff-Appellant and Defendant Respondent No. 4 Dhruv Narain is his real brother. The immovable property in dispute belonged to Plaintiff and Defendant Respondent No. 4. Their parents i.e. Defendant Nos. 2 and 3 sold the property in dispute as their guardian on 28.5.1952 to Defendant Respondent No. 1 Smt. Chandrawati for Rs. 1943/- as on that date both of them were minors. Two years before i.e. on 14.4.1950 the said property had been purchased in the name of minors Plaintiff and Defendant No. 4 by their father and mother Respondent Nos. 2 and 3.

(3.) The main ground of challenge to the sale deed was that permission of the District Judge had not been obtained by the father and mother of the Plaintiff, who was minor, for executing the sale deed. Second, ground was that transaction was not for the benefit of the minors. The second point was rightly rejected on the ground that within two years property was sold for almost double of the initial purchase price.