KALIPADA KOER Vs. PURNABALA DASSI

JUDGEMENT

(1.) A great many points were sought to be argued by Mr. Chowdhury in this appeal, but in reality, on the findings, only one question arises.

(2.) The appellant Kalipada Koer was the defendant in a suit which was brought by a Hindu widow named Purnabala Dassi for avoiding a kabala executed on her behalf, either by obtaining a declaration that it was void or by having it set aside. The kabala was executed by one Nani Gopal Sain, a paternal uncle of the lady, purporting to act as her guardian and by it 5 bighas and 9 cottas of good arable land, belonging to the estate left by the plaintiff's husband, was sold to the defendant for a consideration of Rs. 200. At the date of the kabala which was 28 of Bhadra, 1342 B.S., corresponding to 14-9-1935 Purnabala had already become a widow, but was still a minor. Her case in the suit was that Nani Gopal had no right to act as her guardian and the kabala executed by him on her behalf was utterly void. She made an alternative case that even if the kabala was not void ab initio, it was voidable at her instance and ought to be set aside, inasmuch as the sale was not a sale for legal necessity. On the above allegations she asked for a declaration of her title to and recovery of possession of the land concerned, as also mesne profits for the period of the defendant's occupation.

(3.) The defence was that at the relevant time Nani Gopal was in fact the guardian of the plaintiff and that the sale was one for legal necessity.