PRITPAL SINGH Vs. HARI SINGH

JUDGEMENT

(1.) The present regular second appeal directed by Plaintiff- Appellant against the judgment dated 16.5.1979 passed by Shri M.S. Luna, learned Additional District Judge, Patiala vide which the appeal preferred by the Defendants against the judgment and decree dated 21.10.1976 passed by Shri S.S. Kanwal, Sub Judge 1st Class, Amloh decreeing the suit of the Plaintiff, stood accepted and dismissed the suit of the Plaintiff.

(2.) Briefly stated, the case of the Plaintiff is that the sale effected by Gurdial Kaur in favour of Defendant No. 1 to 7 on 10.11.1961 registered on 13.11.1961 vide sale deed No. 871 relating to agricultural land measuring 14 bighas 12 biswas as described in the head note of the plaint is null and void and has no effect on the ownership rights of the Plaintiff and for possession of the same and consequential relief.

(3.) It has been averred that the Plaintiff was the owner of agricultural land in suit and on 10.11.1961 when Plaintiff was minor (date of birth being 30.8.1951) and his father and mother having been alive were his natural guardian and Gurdial Kaur representing herself as guardian of the Plaintiff made a sale of the agricultural land in dispute by means of registered sale deed dated 13.11.1961 for Rs. 1500/- in favour of the Defendant Nos. 1 to 7 without any purpose and without any legal rights to do the same and for the benefit of the Plaintiff being minor, she also delivered the possession to Defendant Nos. 1 to 7. It is also alleged that on the date of sale the Plaintiff was minor and therefore, it was the legal duty of the guardian under Section 8 of the Hindu Minority and Guardianship Act, 1856 to get the previous permission of the District Judge, to make such sale on behalf of the minor by the natural guardian but no such permission was obtained and, therefore, no such sale is binding on the Plaintiff and is null and void.