MAFAZZAL HOSAIN Vs. BASID SHEIKH

JUDGEMENT

(1.) The facts of the suit, out of which this appeal arises are, that one Abadi died, leaving a widow, a major son, a minor son and two minor daughters. The widow and major son sold two bighas of the laud left by Abadi to one Bechu Sheikh in August 1897 and 4 bighas of the land to the same person in June 1899. Subsequently, in February 1902, the minor son and daughters having attained their majority sold their share of the land amounting to 9 annas odd to the plaintiff, who has now sued for possession.

(2.) The Lower Appellate Court has dismissed the suit. The District Judge has held that the sales to Bechu Sheikh were good sales and conveyed the interest of the minors, as well as of the major son and the widow. He has found that the sales were for legal necessity and for the benefit of the minors, and accordingly held that the plaintiff took nothing by his purchase of February 1902.

(3.) The plaintiff appeals. On his behalf it has been urged. (1) that the first hobala of August 1897 does not purport to convey the interest of the minors. (2) that the widow, though purporting in the second kobala of June 1899 to sell the interest of the minors, was not their natural guardian and, consequently, had no right to convey their shares in the land, and (3) that the sales were not for the benefit of the minors.