RAM CHARAN Vs. MIHIN LAL

JUDGEMENT

(1.) The suit which has given rise to this appeal was brought by the plaintiffs appellants for a declaration that a sale-deed executed by their brother Gopal Das in favour of the first defendant, Mihin Lal, on the 4th of January, 1910, was null and void and not binding on them. They allege that the property comprised in the sale belongs to the joint family, of which they, Gopal Das, their father Hoti Lal, and their grandfather Parbhu Lal, were members, and that Gopal Das had no authority to sell it without the concurrence of the plaintiffs. They further allege that the first defendant induced Gopal Das to make the sale by practising a fraud upon him and did not pay the amount which purported to be the consideration for the sale.

(2.) The court below has found against the plaintiffs. It was of opinion that Gopal Das was the manager of the family and that he sold the property in order to raise money to meet the expenses of the marriage of the sister of himself and the plaintiffs and to carry on a shop which jointly belonged to him and the plaintiffs. That court dismissed the suit.

(3.) It is contended on behalf of the plaintiffs that Gopal Das was not their legal guardian and was not competent to sell the property on their behalf. Gopal Das purports to have executed the sale-deed of the 4th of January, 1910, as guardian of his minor brothers and also as manager and head of the joint family of which he and his brothers were members. It is true that Gopal Das was not the legal guardian of the plaintiffs, but if he was the manager of the joint property which belonged to him and his brothers and the transaction was for the benefit of the plaintiffs, it is binding on them. The law on the subject is thus stated in Mayne s Hindu Law, VII edition, p, 225: "Where the act is done by a person who is not his guardian, but who is the manager of the estate in which he has an interest, he will equally be bound, if under the circumstances the step taken was necessary, proper or prudent." This is in accordance with the ruling of their Lordahips of the Privy Council in the well-known case of Hanoomanpersaud Panday v. Hunraj Koonweree (1856) 6 Moo. I A 393 (412). That no doubt was a case of a mortgage, but the principle equally applies to the case of a sale ; See Mokanund Mondul v. Nafur Mondul (1899) I. L. R." 26 Cale. 820.