NAHAR SINGH Vs. TEK CHAND

JUDGEMENT

(1.) This is an appeal by defendant 1 in a suit for possession over a certain zamindari property on cancellation of an auction sale.

(2.) Mt. Umrao Kunwar, mother and guardian of the plaintiff respondent, executed a deed of mortgage on 25.1.1930 in favour of Balloo Mul, defendant 2, Balloo Mul brought a Suit No. 55 of 1932 in the Court of Munsif, Meerut on the mortgage against the plaintiff and his mother. This was referred to arbitration on 4-7-1932 and ultimately a decree was passed on the foot of the award made. In these proceedings the mother acted as the guardian of her minor son, now plaintiff.

(3.) Balloo Mul, defendant 2, sold his decree to the father of defendant l, appellant. The appellant's father then purchased the property on 4 4-1936 by putting the same to sale. Then the suit giving rise to the present appeal was filed on 2-10-1945. This relief for possession was claimed on the ground that the proceedings resulting in the award were illegal, as no permission by the Court for reference to arbitration on behalf of the minor had been obtained. It was no doubt also alleged that the mortgage on which the decree was passed had been without consideration and that the guardian had also been guilty of gross neglect in representing the minor.