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HRISHIKESH ROY, PRASHANT KUMAR MISHRA
Krishnaveni – Appellant
Versus
M. A. Shagul Hameed – Respondent
ORDER :
Leave granted.
2. Heard Mr. B. Balaji, learned counsel appearing for the appellant. Also heard Mr. G. Sivabalamurugan, learned counsel appearing for the respondents.
3. The appellant, was a minor (16+ years) at the time when the sale agreement dated 03.09.2007 (Annexure P-1) was executed with the respondents. Under the said agreement, the minor had agreed to purchase some immovable property. The sellers were given advance for the purchase of the property, as can be seen from the recital in the sale agreement.
4. The O.S. No. 924 of 2010 was filed by appellant- Krishnaveni (minor) through her mother (Gowri), seeking a direction to the defendants to perform their part of the contractual obligation, in terms of the sale agreement dated 03.09.2007. The defendants in the suit, who were the sellers in the sale agreement dated 03.09.2007, filed application under Order XII Rule 6 of the Civil Procedure Code based on admission of PW1 Gowri (appellant’s mother) that the appellant was a minor at the time of the sale agreement dated 03.09.2007 and therefore, no claim for specific performance can lie on the basis of such void sale agreement.
5. However, the learned II Additional Subordinate
The main legal point established in the judgment is the discretionary nature of specific performance, the need for a valid and enforceable contract, and the importance of proving the nature and oblig....
A natural guardian's sale of a minor's property without court permission is voidable, and minors can challenge such sales within a specified timeframe after attaining majority.
Suit for specific performance - Performance against Minors - Natural guardian - Court cannot give go bye to provisions of S. 8(2) of Act of 1956 - As they are not complied, decree for specific perfor....
Sales of minor's property by guardian without court permission are voidable, requiring action within three years post-majority to avoid limitation issues.
The execution of a sale agreement by a mother's guardian on behalf of a minor is not void but voidable, and the plaintiff's readiness and willingness to perform must be established throughout the con....
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