SAMBHU GOSAIN Vs. PIYARI MIAN

JUDGEMENT

(1.) This is an appeal by the defendants and arises out of a suit to recover plot No. 462 which belonged to one Alhad Mia. The latter died leaving two sons, Ramjan and Basarat. These two sons executed a usufructuary mortgage of the property in favour of the appellants for a period of seven years, expiring in 1340 Fasli. Basarat died leaving a minor son Abdin. In 1984, Ramjan and the mother of Abdin, as the latter's guardian, executed a sale deed in favour of the plaintiff.

(2.) The present suit was to recover possession on the basis of this sale deed. The Court below has decreed the plaintiff's suit.

(3.) In appeal it is now contend, ed that the mother of Abdin, being merely his de facto guardian, had no power to sell any immovable property belonging to him and that, consequently, the sale of his interest to the plaintiff was absolutely void. There can be no doubt of the correctness of the proposition in view of the decision of the Privy Council in Imambandi V/s. Mutasaddi A.I.R. 1918 P.C. 11, but by the purchase the plaintiff indubitably acquired the eight annas interest of Ramjan and thus became a co-owner of the property.