NATHU BHIWAJI Vs. GANPAT BABLAJI

JUDGEMENT

(1.) THIS is a defendants' appeal from a decree for possession of S. No. 705, subdivision 1-A, having an area of 4 acres and 14 gunthas situate at Shirajgaon Kasba, tahsil Ellichpur, district Amravati.

(2.) THE relevant facts are briefly these: Sub-division 1-A of S. No. 705 having an area, 16 awes and 6 gunthas belonged to the plaintiff Ganpat. During his minority his mother acting as natural guardian sold 4 acres of land to the north to Bhiwaji, the father of the defendants, for a consideration of Rs. 900. It will thus be seen that there is a discrepancy in the area of the land shown in the sale deed as having been sold and that which is claimed in the plaint. However, since the defendants do not dispute the position in the Courts below that the area of the land conveyed to them under the sale deed was 4 acres and 14 gunthas as alleged in the plaint, I proceed on the footing that the land actually sold was 4 acres and 14 gunthas.

(3.) ACCORDING to the plaintiff, the sale was not justified by legal necessity. The defendants contend that they had taken a havala of the debts owed by the plaintiff's father to two of his creditors to the extent of Rs. 850/-, and that the sale was for the payment of antecedent debts due by the plaintiff's father and was binding on the plaintiff. It is also contended that the plaintiff's mother who was the manager of the joint family consisting of herself and her son, the plaintiff, was competent to sell the field, that she sold it for a good price and that the minor is benefited by that transaction inasmuch as the rest of his property as well as Court expenses for the suits which may have had to be filed by the creditors were saved. Thus, according to them the transaction was for legal necessity and beneficial to the minor.