CHATER BHUJ GOEL Vs. GURPREET SINGH

JUDGEMENT

(1.) Gurpreet Singh minor (respondent) owns house No. 1577. Section 18-D Chandigarh. On December 18, 1978, his father Col. Sukhdev Singh moved a petition under S. 8. Hindu Minority and Guardianship Act, 1956, for the grant of permission for the sale of this house. The petition was disposed of by the Senior Subordinate Judge, Chandigarh, vide order dated April 11, 1979. The operative part of this order read : "Thus considering the evidence on record. I am of the opinion that the sale of the house in question is for the benefit of the minor and accordingly I allow the applicant to sell the property provided he gives surety in the sum of Rs. 21/2 lacs undertaking to deposit the amount of the sale proceeds in some scheduled Bank in the name of the minor within a week from the date of sale and produce the Pass Book in the Court. It is further observed that the sale proceeds be utilised only for the welfare of the minor and for the higher education of the minor and the same be invested in the property to be purchased in the name of the minor at Delhi. It is further ordered that the sale should not be effected for less than Rs. 2 1/2 lacs."

(2.) On June 4, 1979. Col. Sukhdev Singh, as a natural guardian of the minor, entered into an agreement with C. B. Goel appellant for the sale of the house of Rs. 2,85,000. The relevant terms of this agreement read : "1. That the sale price of the said Kothi has been fixed at Rs. 2,85,000(Rupees two lacs eighty five thousand only). 2. That a sum of Rs. 5,000(Rupees Five thousand only) has already been paid by the purchaser to the seller on 14-5-1979 and the seller hereby acknowledges the receipt of the said amount.

(3.) That a sum of Rs. 35,000(Rupees Thirty-five thousand only) has been paid by the purchaser to the seller today vide Bank draft No. G588121 dated 23-5-1979 drawn on State Bank of Patiala. Kasturba Gandhi Marg. New Delhi, and the seller hereby acknowledges the receipt of this amount also.