KALA Vs. SURAJ BHAN

JUDGEMENT

(1.) These two appeals, namely, R. S. As. Nos. 157 and 165 of 1974, in the first instance, came up for hearing before my brother Goyal, J., who, by his order dated 5-5-1983, referred the same for decision to a larger Bench and that is how these appeals are before us.

(2.) Before dealing with the proposition of law that arises for consideration in this case, the facts having bearing upon that proposition can be stated thus. Mother of respondents 3 to 7 sold their share along with her own to the appellant-vendees at a time when the aforesaid respondents were minors. The minors impugned the sale, inter alia, on the ground that the sale had been effected without obtaining the permission of the Court. The minors had also claimed the relief of joint possession.

(3.) The trial Court decreed the suit and the appellate Court sustained the judgment and decree of the trial Court and dismissed the appeal. Hence the two set of vendees, though the sale was one, had approached this Court through the aforementioned two separate appeals.