SUNAMANI DEI Vs. BABAJI DAS

JUDGEMENT

(1.) THE plaintiff, a minor, had filed a suit on 30-7-63 for cancellation of two alienations made by Rajani Bewa (plaintiff's mother), defendant No. 3, for self and as mother guardian of the plaintiff on 19-7-62 (Ext. A) in favour of the defendant no. 1 and 23-7-62 (Ext. A1) in favour of the defendant No. 2. The plaintiff was represented by her grandmother. Ext. A was an alienation for Rs. 800/ -. We are not concerned with the other alienation as it has been set aside in the courts below and has become final in the absence of any appeal.

(2.) THE plaintiff claimed that his mother was insane; the alienation of family property was without any legal necessity and not knowing the actual effect of her own acts the defendant No. 3 had made the alienation contrary to the minor's interest

(3.) THE defendant No. 1 took the plea that the defendant No. 3 was not insane as alleged. She paid a consideration of Rs. 800/- under Ext. A on being satisfied by enquiry that there was need for buying a more conveniently situated residential house for the minor and the defendant No. 3. As a fact on the self same day a different house site was acquired by the plaintiff and the defendant No. 3 on payment of Rs. 600/- and it was claimed that that consideration for the acquisition came out of the sale proceeds under Ext. A.