NATHUMAL Vs. MOHD NAZIR BEG

JUDGEMENT

(1.) THIS is an appeal, by leave, from a judgment o learned Judge of this Court dated 5-12-1947.

(2.) ON 24-1-1941, the appellant purchased from one Kailash Chand the latter's two-thirds share of a house. Thereafter the appellant brought a suit against the respondents for partition of his two-thirds share. The suit was contested, the second respondent's defence being that he was the owner of Kailash Chand's two-thirds share, having purchased that share at two sales in execution of two decrees obtained against Kailash Chand, then a minor. He purchased a half share on 5-4-1939, and the remaining one-sixth share on 16-8-1940. In answer to this defence the appellant averred that the decrees on the basis of which the sales to the second respondent were effected were void, as Kailash Chand was not properly represented in the suits. It is common ground that Kailash Chand was a major on 24-1-1941, the date of the conveyance to the appellant.

(3.) WE are concerned in this appeal only with the validity of the acquisition by the second respondent, on 5-4-1939, of the minor's half share.