JASWINDER KAUR Vs. GENERAL PUBLIC

JUDGEMENT

(1.) This appeal is directed against the order of Civil Judge (Senior Division), Barnala dated 13.08.2009 by which an application filed by the appellant under Section 8 of the Hindu Minority and Guardianship Act, 1956 (for short "the Act") has been dismissed.

(2.) In brief, the appellant is the mother of minor Gurpreet Singh who is allegedly owner of 50/78 share in 78 Kanals of land described in the first part and 1/2 share in 33 Kanals 7 Marlas of land described in second part, situated within the revenue estate of village Pakho-A, as described in the title of the application. She filed the present application as a natural guardian of Gurpreet Singh aged 8 years (minor) to sell the aforesaid land on the ground that it would fetch good price. Before permission could be obtained she had already entered into an agreement dated 11.06.2008 with Chet Singh S/o Chhota Singh, resident of village Kaleke to sell the aforesaid land at the rate of Rs. 5,80,000/- per acre and had received interest of Rs. 10 lac. The date for registration of sale deed was fixed as 31.12.2008. It was alleged that after sale of the aforesaid land, the sale proceeds shall be deposited in a nationalized bank or would be invested for purchasing some other land in the name of the minor. The applicant/appellant has, thus, alleged that the land is sought to be sold for the welfare of the minor.

(3.) In this case, the general public was impleaded as respondent who was proceeded against ex-parte on 08.05.2009 and in her ex-parte evidence, applicant/appellant examined herself as AW1 and Sukhdev Singh as AW2 besides tendering some documents in evidence. The learned Court below dismissed application of the appellant after observing as under :-