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1941 Supreme(Mad) 66

ALFRED HENRY LIONEL LEACH
Mir Ghulam Hussain Sahib – Appellant
Versus
Ayesha Bibi – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The seventh respondent is the mother of the eighth, ninth and tenth respondents in this appeal and of the sixth defendant in the suit out of which the appeal arises. The sixth defendant died pending the litigation and is now represented by the eleventh, twelfth and thirteenth respondents. The father, one Shumsudeen, died before 1922. In that year, the seventh respondent was appointed the guardian of the properties of her sons and daughters all of whom were minors. On the 24th of September, 1924, the seventh respondent, acting on her own behalf and as guardian of the ninth and tenth respondents and the sixth defendant, sold to the appellant a house which had been left by Shumsudeen. The eighth respondent was at this time a major and she joined in the conveyance. The seventh respondent did not obtain the sanction of the Court to the sale, as she was bound to do by reason of Section 29 of the Guardians and Wards Act, 1890. Her failure to obtain the necessary consent of the Court did not, however, avoid the transaction so far as the minors were concerned. The transaction was not void, but merely voidable. Section 30 says that the disposal of th















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