DHUJRAM Vs. CHANDAN SINGH

JUDGEMENT

(1.) THIS second appeal is by the plaintiff.

(2.) THE facts of the case, in brief, are that the plaintiff's father who possessed lands in villages Nawapara and Dongripali died in the year 1948. The plaintiff was then a minor. On 17-4-1953, Smt. Phoolkunwar (defendant No. 3), the mother of the plaintiff, executed a sale-deed of the immovable property in suit, viz. , Plots Nos. 32/8 and 32/9 of village Nawapara in favour of defendants 1 and 2 and possession was also delivered to the vendees. The sale-deed was executed by Smt. Phoolkunwar for herself and as guardian of the minor plaintiff. Though the plaintiff attained majority in the year 1956, the present suit was filed in the year 1963 challenging the sale in favour of defendants 1 and 2. The sale was challenged on the grounds that it was without consideration and that it was not for legal necessity. It was, therefore, urged that the sale was void, that the defendants 1 and 2 were trespassers and that the plaintiff was entitled to possession of the lands.

(3.) THE allegation of the defendants was that Smt. Phoolkunwar found it difficult to manage the lands from both the villages. She, therefore, transferred the lands from village Nawapara and purchased some lands in the other village. Even Manohar (Smt. Phoolkunwar's husband) himself had disposed of some lands from Nawapara and had settled down in the other village. The sale was for good consideration and it being for legal necessity was binding on the plaintiff. It was also urged that the suit was barred by limitation, not having been filed within three years of the plaintiff attaining majority.