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1993 Supreme(SC) 479

S.P.BHARUCHA, M.M.PUNCHHI
Panni Lal – Appellant
Versus
Rajinder Singh – Respondent


Advocates:
J.D.JAIN, KAVAL JIT KOCHAR, S.M.Ashri

Judgment

BHARUCHA

( 1 ) THIS appeal by special leave challenges the judgment and order of the Punjab and Haryana High court dismissing the appeal filed before it by the appellant.

( 2 ) THE suit relates to 9 Kanals 13 Marias of land at village Qayarnpur. The said land was owned by Rajinder Singh and Baldev Singh, the respondents, and was sold while they were still minors by their mother Gurkirpal, acting as their guardian, to the appellant under a registered sale deed dated 30/07/1964. Upon attaining majority the-respondents sued the appellant for possession of the said land on the ground that the sale thereof, having been made without the permission of the court, was void. The appellant in his written statement and at the time of hearing of the suit relied heavily upon the fact that the sale deed had been attested by the father of the respondents and that the sale should, therefore, be deemed to have been a sale by the legal guardian of the respondents. It was also contended that the sale had been for legal necessity and the benefit of therespondents. The suit, it was also alleged, was barred by limitation because, the sale being voidable and not void, it had not been brought within







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