PREMCHAND CHANDANMAL SONI Vs. DASRU HARI AND ANOTHER

JUDGEMENT

(1.) THE only question for my consideration in this appeal is whether the plaintiff's suit is within the limitation and it arises in the following manner.

(2.) THIS is an appeal by the original plaintiff, defendant No. 2 who died during the pendency of this appeal and against whom the appeal has abated, is the real father of the plaintiff. The suit property undisputedly belonged to the plaintiff, and the defendant No. 2 who was the natural guardian of the plaintiff, sold the disputed land to defendant No. 1 on 23rd March 1962 by a registered sale -deed for Rs. 1,500. Disputed land comprised of only 4 acres out of the total area of 10.25 acres of S. No. 25 situated at village Nilwanli Palampat. The plaintiff alleged that for this sale -deed defendant No. 2 had not obtained permission from the District Judge as required by the Hindu/Minority and Guardianship Act and hence according to him this sale -deed is void. The plaintiff alleged further that his father had no authority to sell the land to defendant No. 1. He alleged also that there was no reason for defendant No. 2 to sell the land and that there was also no legal necessity for this sale. For all these reasons, the plaintiff alleged that the sale -deed was not binding upon him and accordingly the defendant No. 1 was in unlawful possession. The suit was filed on 1st July, 1968 in the Court of the Civil Judge, Jr. Division at Pusad. On 5 -7 -1971 the Pusad Court found that the suit was beyond the pecuniary jurisdiction of the Pusad Court and so the Pusad Court returned the plaint to the plaintiff for presentation to the proper Court and on the same day the suit was filed in the Court of Civil Judge, Senior Division, at Yeotmal. The plaintiff further alleged that he was born on 30th June, 1947 and he completed his 21 years of age on 30th June, 1968 and so the present suit which was filed on 1 -7 -1968, as the Court was closed on 30th June, 1968, was within limitation.

(3.) ORIGINAL defendant No, 2 has proceeded ex -parte.