A de facto guardian has no power to convey to another any right or interest in immovable property which the transferee can enforce against the infant.

Tarkeshwar Nath, J.

1. This appeal by the plff. arises out of a suit for partition of 225/1018 share in the properties described in Schedules 1 and 2 of the plaint. He further asked for a declaration that the deed of partition dated 19-4-1917 was null, void and ineffective. Plaintiff wanted a decree for rendition of account against defendant 1 from the date of the death of Sheikh Reazat Hussain till the date of the suit. It appears that Asghar AH was the father of Sheikh Reazat Hussain and the latter married twice. Reazat Hussain had, from his first wife Tabizun-nissa, five sons, viz. , Habibul Haque, Amiruddin (defendant 1), Sheikh Gulsan, Sheikh Shakoor, and Sheikh Md. Isa, and one daughter Wahidun-nissa, married to Sheikh Sadaruddin (defendant 5 ). The first wife had died during the life time of her husband and, out of the five sons, four sons as well, died during the life time of their father. Mosammat BUM Makirunnissa (defdt 6) is the wife of defdt.1 and Abdul Rahman, Abdul Aziz, Abdul Rauf, Md. Fazlul Rahman and Abdul Bari (defendants 7 to 11) are the sons of defendant 1. Bibi Sabudan was the second wife of Reazat Hussain and, through her, Reazat Hussain had four sons, viz. , Md. Yahia (defendant 2), Md. Ismail (Defendant 3), Abdullah and Abdul Gaffar, besides a daughter Rehun-nissa alias Ruhela (defendant 4 ). Abdullah died issueless without marriage after the death of his father. Plaintiff is the son of Abdul Gaffar. Defendants 1 to 5 have been described as defdts Ist party, whereas defendants 6 to 11 have been mentioned as defendants 2nd party. Abdul Gaffar, father of the plaintiff, died at the age of 17 years only in the month of December, 1933 leaving behind the plff. , who was then aged about a month only. Sheikh Reazat Hussain died leaving behind, his second wife Bibi Sabudan, his son (Defendant 1) and his daughter Bibi Wahidunnissa from his first wife, besides defdts.2, 3, 4, Abdullah and plaintiffs father from his second wife. Later on, Sabudan also died leaving behind her sons and daughter. Sheikh Reazat Hussain had ancestral properties and he acquired some properties in the name of defendant 1, and others in the name of defendant 6. Reazat Hussain left considerable cash in the custody of defendant 1 and all the properties left by him were joint. The ancestral properties and the properties acquired by Reazat Hussain were specified in Schedule 1 of the plaint, whereas those acquired by defendant 1 on behalf of all either in his name or in the names of his sons and wife, were mentioned in Schedule 2. At the time of the death of Reazat Hussain, all his sons and daughter from his second wife were minors and his widow Bibi Sabudan was an illiterate purdanashin lady and hence, defendant 1 became manager of all the properties. Defendant 1 fraudulently got a deed of agreement (ekrarnama) by way of partition executed on 19-4-1917, taking advantage of the helplessness of the widow and minor sons. Md. Yahis and Bibi Rahunrusa (defendants 2 and 4) were wrongly described as majors in that deed and Bibi Sabudan was made to represent the two minors, Md. Ismail and Abdul Gaffar, the father of the plff. , in that partition. Only some of the ancestral properties were mentioned in that deed and Bibi Sabudan, the grand-mother of the plaintiff, had no right to execute that deed as guardian of her minor sons. No regard was paid to the shares of the sons and daughter of Reazat Hussain from his second wife and the said deed of partition could not bind either the plaintiffs father or the plaintiff. Another fraud was committed in mentioning that all the nanihali (mothers side) properties belonged to defendant 1. The plaintiff further mentioned in paragraph 9 of the plaint, that portions of properties were, however, in possession and occupation of the particular parties but without any knowledge of the said deed of partition. The plaintiff learnt on 6-9-1954 about the fraudulent and collusive deed of partition and, later on, he m