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1955 Supreme(Bom) 179

J.C.SHAH
Rambhau Ganjaram – Appellant
Versus
Rajaram Laxman – Respondent


Judgment

1. One Laxman died in the year 1938 leaving him surviving three sons and a widow Chandrabhagabai. On the death of Lax-man, Chandrabhagabai entered upon the management of her husbands property, his sons being all minors. Chandrabhagabai died in the year 1943 and one Anandrao maternal uncle of the plaintiffs entered upon the management of the property of the minor sons of Laxman and posed himself as de facto guardian of the minors.

On 27-10-1943 Anandrao de facto guardian of the plaintiffs sold certain properties belonging to the minor plaintiffs to the defendant for satisfying debts which had been incurred for the marriage ceremony of plaintiff 1 which had taken place about six months before October 1943.

After plaintiff 1 attained the age of majority plaintiff 1 filed suit No. 84 of 1940 in the Court of the Joint Civil Judge, Junior Division, at Shrigonda, against the defendant for a declaration that the sale deed dated 22.10-1943 passed by Anandrao, their maternal uncle as their guardian was void and not binding on them and for possession of the property together with future mesne profits and for costs of the suit.

2. The suit was resisted by the defendant contending that Ana









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