KARIM KHAN Vs. SALAMUDDI AND ANRAND JELAKHA BIBI

JUDGEMENT

(1.) I am concerned in this appeal with the interests of the plaintiffs Nos. 1 and 2. When they were minors, the defendant No. 2 was their certified guardian and she sold the property in suit, to the defendant No. 1 without the permission of the District Judge. The defendant No. 2 is the mother of the plaintiffs Nos. 1 and 2 and the defendant No. 1 is the brother of their father. The plaintiffs have now sued to have this sale set aside and for recovery of possession, and this has been decreed by the lower Appellate Court.

(2.) The defendant No. 1 appeals. On his behalf it has been argued that the sale benefited the minors and was a perfectly honest transaction and that the Court should have held that it was binding on them.

(3.) It is perfectly clear, however, that the sale contravened the provisions of Section 29 of the Guardians and Wards Act, 1890, and is, therefore, voidable under Section 30. The terms of the Section are perfectly simple and must necessarily be observed by the Courts.