JUDGMENT:- The defendant is the appellant. The suit was filed by the respondent for a declaration that the suit property is not liable to be proceeded against in enforcement of the decree in O.S. No. 682 of 1967 on the file of the District Munsif Court, Mayuram. The suit property originally belonged to one Kanniah Naidu who died in 1947’ leaving his wife Sulochana and a minor son Kalidoss. There was a dispute relating to the guardianship of the minor which was the subject-matter of O.P. No. 16 of 1948 on the file of the learned District Judge, East Tanjore. In that proceeding, the mother Sulochana was appointed as guardian. It is not also in dispute that the order of appointment prohibited the guardian from selling, leasing or otherwise encumbering the property of the minor without the sanction of the Court. But contrary to this prohibition, she sold the property under Ex. A-l, dated 16th February, 1957 in favour of the plaintiff. No sanction of the Court was obtained prior to the sale. The defendant in this case had advanced moneys to the said Kalidoss. For the recovery of the moneys due, he filed O.S. No. 682 of 1967, on the file of the District Munsif Court, Mayuram. Pending the

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