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REKHA BORANA
Achalprakash, S/o. Mohanlal – Appellant
Versus
Labhchand, through Lrs. - Narendra Arya, (S/o. (Late) Sh. Labhchand) – Respondent
ORDER :
(Rekha Borana, J.)
1. The present Second Appeal pertains to the category of ‘Specifically Fixed Matters’.
2. The present second appeal has been preferred against the judgment and decree dated 11.01.1993 passed by the Additional District Judge No.2, Jodhpur in Civil First Appeal No.105/1986 whereby the judgment and decree dated 16.04.1984 passed by the Additional Munsif and Judicial Magistrate No.2, Jodhpur in Civil Original Suit No.405/1981 had been reversed. Vide the judgment and decree dated 16.04.1984, learned Trial Court decreed the suit for cancellation of sale-deed dated 21.09.1971 in favour of the plaintiffs and cancelled the sale-deed in question. However, learned First Appellate Court, while allowing the appeal preferred on behalf of defendant No.1 Labhchand, set aside the said judgment and decree.
3. While admitting the present second appeal on 23.07.1997, four substantial questions of law were framed, which have been referred to in the subsequent paras.
4. The facts are that a suit for cancellation of sale-deed dated 21.09.1971 was filed on behalf of the plaintiffs with an averment that vide the said sale-deed, the residential house of the plaintiffs was sold out by t
The court upheld the validity of a sale-deed executed by a father to repay antecedent debt, affirming that minors are bound by such transactions when legal necessity is established.
It is now well settled principles in regard to powers under Section 100 of Code of Civil Procedure that when Courts below record its concurrent findings of facts based on appreciation of facts and ev....
The sale of minor's property was declared void as it lacked necessary court permission, violating the Hindu Minority and Guardianship Act provisions regarding the guardian's authority to alienate pro....
A natural guardian's sale of a minor's property without court permission is voidable, and minors can challenge such sales within a specified timeframe after attaining majority.
Legal necessity must be proven to invalidate a sale deed executed for minors' benefit, with the burden of proof on defendants to contest authenticity.
No court permission is required for a Karta to sell joint family property when such sale is established as for family necessity under Hindu law, even involving minor interests.
Sales executed by a natural guardian without court permission under the Hindu Minority and Guardianship Act are voidable, remaining valid until the minor challenges them within three years of attaini....
The main legal point established in the judgment is the failure of the lower Appellate Court to fulfill the mandate under Order XLI Rule 31 of C.P.C., leading to the setting aside of the judgment and....
The sale of a minor's undivided interest in joint family property does not require prior court permission under Section 8 of the Hindu Minority and Guardianship Act, 1956, as it is governed by Sectio....
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