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1963 Supreme(Raj) 79

D.M.BHANDARI
KARTAR SINGH – Appellant
Versus
BOGASINGH – Respondent


Advocates Appeared:
C.M.LODHA, H.N.KALLA

Judgment


D. M. BHANDARI, J.

( 1 ) THIS is a civil second appeal in a suit for setting aside a sale deed.

( 2 ) ONE Uttam Singh had 50 Bighas of land in Chak 1-h Tehsil Ganganagar. He died leaving behind him four sons and his widow Mst. Nihali. His tour sons are Ajayab singh, Tara Singh, Dara Singh and Kartar Singh. On 19-9-1941, Ajayab Singh, tara Singh, Dara Singh and Mst. Nihalj acting as guardian of Kartar Singh sold the aforesaid land for Rs. 5,000/- to Boga Singh and Gopal Singh under the sale deed ex. 1. On 20th February, 1953, the suit out of which this appeal has arisen was filed by Kartar Singh and Dara Singh for setting aside the aforesaid sale deed. Kartar Singh pleaded that he was minor at the time of the execution of the sale deed. Dara Singh pleaded that he was also a minor and his mother had no necessity to sell the land on his behalf. The suit was contested fay Boga Singh and Gopal Singh who pleaded that Dara singh was not a minor at the time of the execution of the sale deed and Mst. Nihali was the natural guardian of. Kartar Singh and had the right to sell the land as the sale was to pay the debts of Uttam Singh. The suit has been dismissed by the Trial court wit





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