KHURSHIDAN Vs. GENERAL PUBLIC AND ANOTHER

JUDGEMENT

(1.) Delay of 36 days in refiling the appeal is condoned.

(2.) This appeal has been filed by the appellant against the judgment dated 31.1.2013 passed by the Civil Judge (Senior Division), Nuh, whereby the petition filed by her under the Guardian and Wards Act, 1890 (in short "the Act") for permission to sell the property of minor, namely, Sahil, was dismissed.

(3.) The facts, in brief, necessary for adjudication of the instant appeal as narrated therein may be noticed. The appellant is widow of Sahoon who expired on 2.12.2006. Said Sahoon was co-sharer in possession of the land as detailed in para 2 of the judgment and has left a minor son, namely, Sahil as his legal heir who is in care and custody of the appellant. Mutation of inheritance of the said land was entered and sanctioned in his favour. The appellant and her minor son were residing at village Chila whereas the land is scattered in meager pieces in three villages and the co-sharers being strong headed person wanted to grab his share illegally and forcibly. According to the appellant, she had no adverse interest to that of minor and she was also in need of the money for the betterment, maintenance, education and upliftment of minor. Therefore, she filed a petition for permission to sell the property of minor Sahil. Upon notice of the said petition, respondent No.1 was proceeded against exparte whereas respondent No.2 had appeared but did not file any reply. From the pleadings, the trial court framed the following issues:-