MANISH PITALE
Vasantrao Gulabrao Thakre – Appellant
Versus
Sudhakar Wamanrao Hingankar – Respondent
The original defendant No.1 is the appellant in this appeal, now represented through his legal representatives, who has challenged the reversal of order of the trial Court by the appellate Court, which has decreed the suit of respondent Nos.1 to 4 (original plaintiffs). The question that arises for consideration in this appeal is, whether the mother of the said original plaintiffs could have justifiably alienated the suit property in favour of the appellant without seeking permission of the Court as contemplated under Section 8(2) of the Hindu Minority and Guardianship Act, 1956. It was the case of the said original plaintiffs that the aforesaid alienation undertaken by their mother without obtaining such permission was illegal and that they were entitled to possession of the suit property.
2. The suit property is land admeasuring 0.96 R out of which 1.77 HR land is in Survey No.445 mouza Yeoda, Taluka Daryapur, District Amravati. The father of the said original plaintiffs had died in 1968 and their mother was looking after the welfare of the said plaintiffs. On 30.03.1974, their mother sold the aforesaid suit property to the appellant by a registered sale-deed. In the sal
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