SANTRA DEVI Vs. NITIN AND ORS.

JUDGEMENT

(1.) Instant revision has been filed under Article 227 of the Constitution of India for setting aside the judgment dated 31.07.2014 passed by learned Addl. Civil Judge (Sr. Divn.), Mohindergarh whereby petition filed by the respondents under Section 8 of the Hindu Minority and Guardianship Act, 1956 (for short, "the 1956 Act") has been allowed and the judgment dated 21.10.2015 passed by learned Addl. District Judge, Narnual whereby appeal preferred by the respondents has been dismissed.

(2.) The facts relevant for disposal of the revision are to the effect that respondents-minors through their mother filed petition under Section 8 of the 1956 Act seeking permission to sell the property to the extent of 1/5th share in land measuring 114 kanals 13 marlas comprised in khewat No. 133, khatoni No. 190 to 193 and mutation No. 1626 dated 10.04.2013, lying in their favour, situated within the revenue estate of village Bas (Satnali), Tehsil and District Mohindergarh. It was averred that the respondents herein are minors; their father has expired; they are living with their widow mother and money is required for their better schooling, upbringing and to meet out their day to day requirements but their mother, being house wife does not have any source of income to meet out the expenses to be incurred upon them. It was also averred that after death of father of the respondents, their mother was turned out of her matrimonial home by her father-in-law and other members of the family. The land which is sought to be sold, is very small chunk of land and there is no irrigation facilities and the same is far from the village due to which the same is not cultivable. Notice of the petition was given to the General Public through publication in newspaper "Dainik Chetna, Bhiwani" dated 03.01.2014, but none appeared on behalf of the general public and it was proceeded against ex parte.

(3.) After appreciating the evidence and contentions of learned counsel for the respondents herein, learned Addl. Civil Judge (Sr. Divn.), Mohindergarh allowed the said petition vide impugned judgment dated 31.07.2014.