SAKHARAM SHEKU SHINDE Vs. SHIVA DEORAO JAMALE

JUDGEMENT

(1.) THIS is an appeal by original defendant No. 1 which arises in a suit filed by respondents Nos. 1, 2 and 5 against the present appellant and respondents Nos. 3 and 4 for a declaration that the sale -deed executed jointly by respondents Nos. 3 and 4 and Maruti, the uncle of respondent No. 3, was not binding on the 1/5th share of each of the three plaintiffs and for the consequential relief of possession of their share.

(2.) RESPONDENT No. 2 is the wife of respondent No. 3 and respondents Nos. 1, 4 and 5 are their sons. These five respondents along with Maruti, the uncle of respondent No. 3, formed a joint Hindu family. The suit property belonged to this joint family. On September 30, 1957, respondent No. 3, the father, along with his eldest son Bhimrao, respondent No. 4, and his uncle Maruti executed a deed of sale in respect of this property in favour of the appellant. It is not in dispute that at the time this sale -deed was executed, respondent No. 1 Shiva and his another brother Hari respondent No. 5 were minors. These two respondents along with their mother Prayagbai, respondent No. 2, instituted the present suit challenging the above alienation on several grounds such as that it was obtained by fraud and undue influence, that it was without consideration and was not for legal necessity. For these reasons it was stated that the same was not binding on the 1/5th share of each, of the three plaintiffs.

(3.) THE trial Court upheld the contentions raised by defendant No. 1 and, in particular, it found that the sale was for legal necessity and for the benefit of the family. Consequently that Court dismissed plaintiffs' suit in toto.