BHAGWAN DASS Vs. CHET RAM

JUDGEMENT

(1.) THIS appeal was heard in the first instance by a learned singe judge of this court who felt that the appeal involved consideration of certain points of law on which there was a conflict of views and that therefore these points required consideration by a larger Bench. Therefore this case has been placed before this Division Bench.

(2.) THE points which have been referred for consideration of the Division Bench are as under:

(3.) BEFORE proceeding to consider the points referred to us, it is desirable to state the relevant facts, The respondent herein Chet Ram, hereinafter referred to as the plaintiff filed a suit in the court of the Sub Judge Bhadarwah for specific performance of an agreement of sale dated 3 -5 -66 alleged to have been executed by the mother of one Bhagwan Dass who was a minor. The agreement was executed by the minor defendantâ„¢s mother in her capacity as the natural guardian of the minor. An amount of Rs. 110/ - paid by the plaintiff to the defendants mother as advance for the sale consideration. The defendants, however, declined to execute a sale deed when called upon to do so by the plaintiff. The defendant resisted the suit on two grounds namely: (1) that the mother of the minor defendant did not obtain the sanction of the court for alinating the minorâ„¢s property as required under S. 8 of the J&K Hindu Minority and Guardianship Act, 1957 (hereinafter referred to as the Act) and secondly that the agreement of sale was executed without there being a legal necessity for alinating the minorâ„¢s property and that the alination was not in the interest of the minor. The learned trial court dismissed the suit for specific performance on the ground that the agreement of the sale was not binding upon the minor defendant as the same was not executed with the prior sanction of the court as required under S. 8 of the Act. The learned trial court, however, decreed the suit for a sum of Rs. 110/ - which the defendants had received from the plaintiff at time of the execution of the agreement of sale.