GANESHRAM Vs. ROOPNARAYAN

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment and decree dated 25.9.1996 passed by the Third Additional District Judge, Vidisha, Camp Basoda, in Civil Appeal No. 72-A/1996, whereby the judgment and decree dated 28.6.1974 passed by the Civil Judge, Class II, Basoda in Civil Suit No. 48- A/1972, has been affirmed.

(2.) BRIEFLY stated, the facts are that plaintiffs Roopnarayan and Harnamsingh, both sons of Bhaiyalal, filed a suit for declaration and permanent injunction on the ground that during their minority the property described in para 1 of the plaint, i.e., the land bearing Survey No. 875 area 7 Bigha 4 Biswa and Survey No. 876 area 11 Bigha 12 Biswa, total area 18 Bigha 16 Biswa, situated in village Rasulpur (Tahsil Basoda) is recorded in the name of the plaintiffs and they are its Bhumiswamis. The suit land was sold by their uncle defendant No. 2 Nannusingh to defendant No. 1 Ganeshram by a registered sale deed dated 15.2.1960, stating therein that he is the guardian of the minors and is entitled to sell the suit land; it was being sold for the maintenance of the minor plaintiffs. The plaintiffs have averred in para 2 of the plaint that this sale was effected by Nannusingh without any necessity and without obtaining the permission of the Court under section 8 of the Hindu Minority and Guardianship Act, 1956. It was contended in para 5 of the plaint that plaintiff No. 1 Roopnarayan became major in May 1969 and plaintiff No. 2 Harnamsingh became major in January 1971, and the suit was filed on 6.4.1972.

(3.) THE trial Court after framing issues, recorded evidence of the parties. The plaintiff Roopnarayan examined himself as PW 1 and Hiralal as PW 2. The defendant Ganeshram examined himself as DW 1 and Manna as DW 2. The plaintiffs filed Khasra for Samvat Year 2028 (corresponding to 1971) (Ex. P-1) wherein in Col. 2 Roopnarayan and Harnamsingh (plaintiffs) are shown to be "Krishak'; they are shown to be minors through guardian Nannusingh. In col. 23 of Khasra (Ex. P-1) it is recorded that on 18.8.1972 Roopnarayan and Harnamsingh sons of Bhaiyalal had become major. The trial Court on issues No. 2(a) and (b) found that the sale effected by Nannusingh in favour of Ganeshram and his brother Haiku (since dead) was without the permission of the Court and as such the sale was ab initio null and void. The trial Court also found that the suit filed on 6.4.1972 was within limitation. The suit was accordingly decreed with costs.