The main legal point established in the judgment is the interpretation and applicability of Section 8(2) of the Hindu Minority and Guardianship Act, 1956, in granting permission for the sale of the undivided share of minors in joint family property.

ORDER :

1. By way of the present First Appeal, the appellants herein are aggrieved by the impugned judgment and order dated 09.03.2022 passed by the 6th Additional District Judge, Panchmahals at Godhra in Guardian Application No. 132 of 2019 passed under Section 7 and 29 of the Guardian and Wards Act, 1890, whereby, the District Judge rejected the Guardian Application No. 132 of 2019 and refused to grant the permission to sell the old tenure agricultural land of the joint ownership of the appellant and the respondents including the share of the minor appellant nos. 3 and 4, by which the appellants herein have filed the present Appeal under Section 47 of the Guardian and Wards Act, 1890.

2. Brief facts leading to the filing of the present First Appeal read thus:

2.1. The appellants are the original applicants and the respondents are the original defendants in Guardian Application No. 132 of 2019. The appellants and the respondents are the legal heirs of Shri Rameshbhai Jaisingbhai Baria. The respondent nos. 1 to 3 are the major sons and the appellant no. 2 is the major daughter of deceased Rameshbhai Jaisingbhai Baria. The appellant nos. 3 and 4 are minor daughters and the appellant no. 1 is the wife of deceased Rameshbhai Jaisingbhai Baria. The appellant no. 2 attained the age of majority, during the pendency of the said Guardian Application No. 132 of 2019 and therefore, by Exh.33, the case of the appellant no. 2 came to be not pressed.

2.2. The land/Block No. 185, Revenue Survey No. 334 (Old Revenue Survey No. 187/Paiki/1) of Village: Tajpur Chipa, Tal. Godhra, Dist. Panchmahals, admeasuring 0-59-37 sq.mtrs. is an old tenure agricultural land (for shot ‘the suit land’) of the ownership of deceased Rameshbhai Jaisingbhai Baria, who expired on 21.09.2013. By mutation Entry No. 1568 dated 16.12.2018, the names of the legal heirs of deceased Rameshbhai Jaisingbhai Baria i.e. the appellants and the respondents herein came to be mutated in the revenue records of the suit land.

2.3. After the death of Rameshbhai Jaisingbhai Baria, the appellant no. 1 managed the responsibility of maintaining the family and as the respondent nos. 1 to 3 grew up, they assisted the appellant no. 1 in maintaining the family. The income from agricultural land being meager and is insufficient for maintaining the family. The appellant nos. 3 and 4 are also studying and the expenses for their studies were also difficult to be borne by the appellant no. 1.

2.4. Under such circumstances, the appellants and the respondents decided to sell the aforesaid suit land. It is stated that the said suit land is an old tenure land and can also be used for Non-Agricultural purpose on payment of the premium.

2.5. The appellant nos. 2 to 4 are minor and are having their shares in the said land. For the aforesaid, the appellants preferred application being Guardian Application No. 132 of 2019 before the District Court and adduced on record the evidences.

3. The District Judge rejected the said application by judgment and order dated 09.03.2022, considering the following, which reads thus:

“(10) Considering the fact of the present case in view of the averments made by Ld. advocate of the applicant and aforesaid provisions laid down by the law, Late Rameshbhai Jesingbhai Bariya, original owner of the agricultural land mentioned in the present application, passed away at Village-Tajpur Chhipa on 21/09/2013. After his death, vide Mutation Entry No. 1568 by succession made in Revenue Record, applicants and Opponent Nos.1 to 3 of this case have been entered as legal heirs of Late Rameshbhai Jesingbhai Bariya, coownes and occupants of the land in question. Land of old tenure bearing R.S. No. 334 of Revenue Khata No. 158 and Old Survey No. 187 paiki 1 admeasuring Hec.0-59-37 Sq.Mtr. with Aakar of Rs.0-68 located at Village-Tajpur Chhipa, Taluka-Godhra, Dist.Panchmahal has been jointly owned and occupied by the parties, which is agricultural land and eligible to premium for Non-Agricultural