VITHU Vs. MAROTI

JUDGEMENT

(1.) DEFENDANTS 2 and 3 were the daughters of one Girmaji who died in 1908. The plaintiff's story is that he purchased the property in suit from defendants 2 and 3 who, inherited it from their deceased father. But defendant 1 obstructed the plaintiff in taking possession. Hence the present suit. Defendant 1 has purchased the property from defendants 2 and 3 on 7th June 1909, but the plaintiff contended that on that date they were minors so the sale is void. It was further pleaded that defendant 2 was not the guardian of defendant 3 in which capacity she is said to have executed the sale-deed in favour of defendant 1, and it was said that there was no legal necessity for the sale. The plaintiff's story was that defendant 2 was born on 13th June 1892 and defendant 3 on 4th November 1897. The fir3t two defendants contested the suit. Their story was that defendant 2 is the guardian of defendant 3 and was a major at the date of the sale to defendant 1, and that the sale was made to pay off the debts of the deceased Girmaji, and further that it was a prudent act and for the benefit of defendant 3. The sale to the plaintiff was impeached on the ground of undue influence and pressure; and defendant 3 was said to have ratified the sale to defendant 1 on 4th October 1920.

(2.) THE trial Court found that defendant 2 was a minor on 7th June 1909 when she executed the sale in favour of defendant 1. Defendant 2 was found not to be the guardian of defendant 3 at that time, and the sale was found not binding on defendants 2 and 3. It was held that the sale to defendant 1 was for legal necessity and that defendant 3 did not ratify the sale, and further that the plaintiff's sale was not made under influence. The claim was decreed in full.

(3.) HOLDING that the wife was incompetent to sell the property without the consent of her husband, it was found that the plaintiff had no title to defendant 2's share, and the decree of the first Court was modified by decreeing joint possession to the extent of half. Against that decision the present appeal had been filed.