SANJIV KUMAR Vs. SAVITA VIJ

JUDGEMENT

(1.) THIS order of mine shall disposed of Civil Revision Nos. 1818 and 1788 of 1992, as these are directed against the common order of Addl. Senior Sub-Judge, Fazilka dated May 28, 1992, passed under Section 8 of the Hindu Minority and Guardianship Act, (hereinafter referred to as the Act), whereby respondent has been permitted to sell the property of the minor, subject to her furnishing an indemnity bond to the tune of Rs. Five lacs and further undertaking to deposit the sale consideration in the Nationalised Bank in the name of the minor.

(2.) THE petitioner, who is a near relation, has challenged this order of the Addl. Senior Sub-Judge, on the ground that earlier too, an application under Section 8 of the Act, to sell the land of the minor was filed in the Court of Guardian Judge, at Ferozepur, which was allowed vide order dated March 05, 1990. The Guardian Judge, vide order dated March 05, 1990, allowed the respondent to sell the land of the minor on the following terms :

(3.) PETITIONER who is none other than the brother of the father of the minor whose land is to be sold has made categoric assertion to the effect that the respondent has entered into three separate agreements for sale of the property of the minor 'amit' i. e. an agreement with Dr. Piarey Lal at the rate of Rs. 1,20,000/- per acre; with Surjeet Singh at the rate of Rs. 90,000/- per acre; and with Dalip Singh at the rate of Rs. 70,000/- per acre. This is in respect of the property situate at Abohar. Similarly, land situate at Village Ganjuana only recently has been sold at the rate of Rs. 20,000/- per acre. This way, the learned Counsel urged that even if the permission is to be granted by the Court, the same should be granted keeping in view the price at which the agreements have already been executed by the respondent in favour of persons named above.