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1990 Supreme(Ker) 432

PADMANABHAN
Jisha Chacko – Appellant
Versus
Sreela – Respondent


Judgment :-

In O.P. No. 61 of 1975, District Judge, Thalasserry appointed Kamalakshy Nettyar (for short, Nettyar) as guardian of her minor daughter, Sreeja. First defendant, Balakrishnan Nair, is the husband of Nettyar and father of Sreeja and as such, her natural guardian. Fearing that Balakrishnan Nair, said to be a spend-thrift and drunkard, may compel her to sell all her assets and deprive the minor of the future benefits of the properties, Nettyar gifted the four plaint schedule items, which belonged to her, to Sreeja under Ext. Al. Thereafter, acting as natural guardian of the minor, Balakrishnan Nair sold all the plaint items. I tern No. 4 was sold to Vellan, predecessor of defendants 3 to 6, under Ext. B7 and Item Nos.1 to 3 to the second defendant under Ext.Bl. It was thereafter that Nettyar got her appointed as guardian and filed the suit for cancellation of Exts. B1 and 7 and recover the properties, the grounds being that the sale deeds are in violation of S.8(2) of the Hindu Minority and Guardianship Act (for short, the act) and not to the benefit of the minor.

2. 'Appellants are defendants 2 to 6. They said that the sale deeds are only voidable at the option of the mino








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