HARPAL SINGH Vs. HEIMANT KUMAR

JUDGEMENT

(1.) The facts of the case lie within a very narrow ambit. The plaintiff-respondent Heimant Kumar who was born on 15.5.1970 was a minor of three years when a sale deed was executed on 1.6.1973 by his father and natural guardian of a property which belonged to the minor. Upon the appointment of Chandrapal as a guardian of the minor on 30.4.1975 while his natural father was alive by the District Judge, Bijnor under Section 7 of the Act No. 8 of 1890, a suit was got filed by Chandrapal on behalf of the minor on 16.8.1975 for the cancellation of the sale deed. The suit was numbered as 425 of 1975. After framing issues, the Trial Court on 24.2.1978 dismissed the suit and held that the sale deed was validly executed. The First Appellate Court however on 19.11.1981 allowed the first appeal of the plaintiff and held that the sale deed dated 1.6.1973 was void and cancelled the same.

(2.) Against the judgment and decree dated 19.11.1981, the instant second appeal has been filed by the defendant buyers. On the date of admission the substantial questions of law as were framed by this Court are being reproduced herein as under;

(3.) The learned counsel for the appellant submitted that on the date when the sale deed was executed i.e. on 1.6.1973 the natural guardian of the minor i.e. his father was alive. He alone was responsible for the welfare of the minor and was the guardian of his interest. If at all the minors' interest was being guarded properly and the Court was of the opinion that the natural guardian i.e. the father of the minor was unfit to be a guardian of the minor then the Court could have appointed another person as a guardian. In the present case, the District Judge, Bijnor appointed Sri Chandrapal Singh as the guardian of the minor-Hemant on 30.4.1975 without there being a finding of fact as was compulsorily required under section 19(b) of the Guardians And Wards Act, 1890. The order dated 30.4.1975 is being reproduced herein as under :