ASHIRUDDIN MOHAMMAD Vs. TAHER MOHAMMAD

JUDGEMENT

(1.) The plaintiffs-respondents purchased the property (in respect of which rent has been claimed against the appellant for the years 1319 to 1322 B.S.), from the son, the widow and the daughters of one Rasul Bukhsh. There were five daughters, two of whom bad assigned their interest to their brother. The other three daughters were minors, and their interest was sold by the mother as their natural guardian.

(2.) The Court below has held that the plaintiff had acquired title to the entire property and was entitled to maintain the suit for rent.

(3.) But, having regard to the decision of the Judicial Committee in the case of Imambandi v. Mutsaddi 47 Ind. Cas. 513, 45 0. 878 : 35 M.L.J. 422 : 16 A.L.J. 800 : 24 M.L.T. 330 : 28 C.L.J. 409 : 23 C.W.N. 50 : 5 P.L.W. 276 : 20 Bom. L.R. 022 : 19.9, M.W.N. 91 : 9 L.W. 518 : 46 I.A. 73 (P.C.), there is no doubt that the mother cannot alienate the property of her minor daughters as their de facto guardian. That being so, the plaintiff did not acquire the interest in the property to more than 10 annas; in other words, the plaintiff did not acquire the interest of the three minor daughters, which amount to six annas.