SHIBESHUR PRASAD BHAGAT Vs. BRIJ MOHAN MISSIR

JUDGEMENT

(1.) This is an appeal by Shibeshur Prasad Bhagat, a minor, who sued by his grand-mother, Rukmini Kuari, as next friend, to set aside a sale by his father, Bhagwan Prasad Bhagat, of a certain family property. The parties are governed by the Mitakshara School of Hindu law.

(2.) The plaintiff s grand-father died about 1881 leaving considerable property including that which is the subject of this suit. The second defendant, Bhagwan Prashad, wsathen a minor and his mother Rukmini Kuari managed the property on his behalf. He attained his majority about 1893 and the debts which culminated in the alienation now in question appear to have begun about 1900 or a little later.

(3.) In 1906, Bhagwan Prasad was very considerably involved in debt. He had three mortgages in favour of the defendant No. 1 who has now purchased the property from him and a number of other obligations on mortgages and rokas and he also required money for some litigation. Under those circumstances, on the 22nd May 1907, he sold this portion of the family property to the defendent No. 1 for Rs. 19,000.