JATINDERPAL SINGH Vs. NACHHATTAR SINGH AND OTHERS

JUDGEMENT

(1.) ON 3rd August, 1971, vide Exhibit P1, Mohinder Singh and Smt Dalip Kaur agreed to sell the house along with land measuring 126 square yards for Rs 8000/to Jatinderpal Singh and took Rs. 7000/ as earnest money Since the property belonged to their minor son Nachhattar Singh, they agreed with the vendee to obtain permission from Guardian Court Mohinder Singh filed an application before the Guardian Court for grant of - permission to sell plot measuring 126 square yards. The mother of the minor was also impleaded as one of the Respondents. In that application no mention was made about the residential house, which was constructed thereon. Vide order dated 21 st April, 1973 (Exhibit P -2), the Guardian Court granted permission to sell the plot subject to the following conditions: -

(2.) ON Defendants' appeal, the learned Additional District Judge, disposed of the matter by taking notice of two matters, one that the permission was obtained to sell the plot, whereas the agreement was in respect of residential house alongwith plot; and two that the sale could take place subject to the approval of the Court, which was one of the conditions imposed while granting permission. In view of the above two matters, the appeal was allowed and the suit was dismissed by judgment and decree dated 22nd September, 1976. This is Plaintiff's appeal.

(3.) The other ground taken by the lower appellate Court is also of substance because while granting permission the Court specifically mentioned that the approval of the Court would be taken for the intended sale No such approval was ever sought without which gale could not take place.