1971 Supreme(Bom) 14
J.R.VIMULDALAL
Shivamurti – Appellant
Versus
Vijaysing Vinayakrao Dudhe – Respondent
JUDGMENT - 1.The respondent is a minor represented by his mother as his guardian ad litem. Some time in the year 1957, there was a partition as between the members of the joint family of which he was a member till then, in which the land in dispute in the present proceedings came to the share of the respondent. It appears that thereafter it was the mother of the respondent who acted as the natural guardian in respect of his property. On the 7th of February 1962, an agreement for Sale of the land now in dispute was executed in favour of the appellant by the respondents father as the constituted attorney of the respondents mother acting as the natural guardian of the respondent for the price of Rs. 6000/-. A fresh agreement for Sale of the said land for a higher price was thereafter executed on 17th July 1962 by the respondents father, as such constituted attorney, under which it was stipulated that a Sale Deed was to be executed on or before 11th December 1962. Payments aggregating in all to Rs. 4250/- were made by the appellant from time to time towards the price payable in respect of said land. The respondents father as constituted
2. attorney having failed to execute a Sale Deed,
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