IMPORTANT POINT
A minor can challenge a deed executed by a guardian within three years of attaining majority, as per Article 60 of the Limitation Act.

JUDGMENT :

(Ajoy Kumar Mukherjee, J.) :

1. Being aggrieved and dissatisfied with the judgement and decree dated 30th September 1980 in T.A. no. 208 of 1977, passed by Additional District Judge, 2nd Court Midnapur, arising out of Judgment and decree dated 25th June, 1977 passed by Munsiff 3rd Court, Tamluk in T.S. No. 49 of 1974, present second Appeal has been preferred. By the impugned judgment, learned court below allowed the appeal in part declaring plaintiff no. 2’s right title interest in the suit property to the extent of 1/5th share.

2. Plaintiffs case in a nutshell is that one Sarada Devi was the original owner of the suit property who gifted the same in favour of predecessor-in-interest of the plaintiffs and defendant no.2 to 4, namely Bhutnath Dalapati by a registered deed dated 04.07.1938. Accordingly said Bhutnath after accepting the deed of gift, began to possess the said property and recorded his name in the Revisional settlement. Thereafter said Bhutnath died intestate leaving behind plaintiffs and defendant no. 2 to 4 as his heirs and all his properties including suit property devolved upon the aforesaid heirs of Bhutnat in equal share. It is further case of the plaintiffs that after the death of Bhutnath, defendant no. 1 Chandi Charan Pal used to look after the properties of the plaintiff and defendant no. 2 to 4.

3. However, on 15.09.1380 BS said defendant no.1 denied plaintiff’s right title interest in the property and threatened to dispossess them therefrom on the plea that he had purchased the interest of the plaintiffs in the suit lands by a registered deed dated 31.12.1958, alleged to have executed, by wife of Bhutnath namely Radharani who is defendant no.3, for herself and on behalf of the minor sons i.e. plaintiff No. 1 & 2 and defendant No.2 and also by defendant No.4. The plaintiffs thereafter made enquiries and came to learn that the defendant no.1, taking advantage of the helpless condition of the plaintiffs and the defendant no. 2 to 4 got a sale deed executed by Radharani (defendant no.3) for self and on behalf of her minor sons, as well as by defendant no.4 Tulsirani (major daughter of defendant No.3) in respect of the suit property.

4. Plaintiff’s further case is said Radharani was an illiterate pardanashin lady and she never executed any deed in favour of defendant no. 1 nor received any consideration from him. The plaintiffs who are the sons of Radharani challenged the deed on various grounds including the ground that no consideration was passed due to said transfer. Plaintiff’s further case is both plaintiff no. 1 and 2 were minors at the date of the execution of said deed. Plaintiff no. 1 and 2 were born on 25.03.1953 and 24.05.1956 respectively. Plaintiffs further allegation is that there was no legal necessity for sale of the suit property and the deed dated 31st December, 1958 and connected documents are all fictitious and that plaintiffs were not benefited by the aforesaid sale and that no permission of the District Judge was obtained before effecting the transfer and that the defendant no. 1 did not acquire any interest in the suit properties by virtue of aforesaid alleged purchase. So plaintiff filed the said suit for declaration of their title as well as for declaration that the impugned deed dated 21.12.1958 is fraudulent and inoperative deed which is liable to be cancelled.

5. Defendant no.1 Chandi Charan Pal contested the suit by filing written statement and denied material allegations made in the plaint. Defence case is in order to defray the medical expenses and for some other purposes Bhutnath executed Kobalas dated 23.09.1958 and 28.09.1958 and entered into an agreement for re-conveyance but it could not be registered on account of sudden death of Bhutnath. Defence further case is that in order to meet the expenses of Sradh ceremony of Bhutnath, defendant No.1 incurred expenses and thereafter he requested the defendant no.3 to take steps for registration of the unregistered deed