DEBI PRASAD CHOWDHARY Vs. TARA PRASANNA NAIL

JUDGEMENT

(1.) The appellant sued to set aside a deed of sale executed by his uncle Gajadhar Ram while the plaintiff was minor. The document is dated 13 May 1920, and recited that Gajadhar Ram on behalf of himself, his minor sons and his minor nephew, the plaintiff, and as guardian of the minors, executed the sale deed in order to raise money for the joint family business and for the maintenance of the minors.

(2.) In the first Court the case of the plaintiff was that his father, Baijnath, was separate from Gajadhar Ram and that therefore the sale did not affect his half share in the property and that he was entitled to recover that half share.

(3.) In the alternative, he claimed that if separation between his father and Gajadhar were not established, he was entitled to have the whole sale set aside on the ground of wantr of legal necessity.