KISAN GANPAT NIMBALE Vs. PANDURANG NATHU WANKHADE

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the judgment and decree of the first appellate Court reversing the decree of the trial Court and dismissing his suit for possession of the suit land.

(2.) THE subject matter of this suit consists of an agricultural land admeasuring 2 acres and bearing S.No. 9/5. The appellant plaintiff claimed that he was the absolute owner of this land and during his minority it was sold by his mother as a de facto guardian on 2 -2 -1959 to one Chaptya, without obtaining permission from the District Judge under section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as 'the Act'). Chaptya sold the land to defendants nos. 1 and 2 on 6 -4 -1963 and during the pendency of the suit defendants nos. 1 and 2 sold the same to defendants nos. 3 to 5. The plaintiff alleged that the sale of the land by his mother to Chaptya was null and void and no title passed to the defendants who were in illegal possession thereof. On these allegations the plaintiff sought possession of the suit land from the defendants.

(3.) THE trial Court rejected all the contentions of the defendants and held that the sale by the mother of the plaintiff was not binding upon him and that it was null and void. The trial Court also rejected the contention of the defendants that the suit was barred by limitation. It, therefore, decreed the suit for possession.