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1943 Supreme(Mad) 319

PATANJALI SASTRI
Sri Kakulam Subrahmanyam – Appellant
Versus
Kurra Subba Rao, minor by Manikyamma – Respondent


JUDGMENT

Patanjali Sastri, J.

1. These second appeals have been placed before a Division Bench as they raise a question of some general importance as to the applicability of Section 53A, T. P. Act, to an agreement for sale of immovable property made by a guardian on behalf of his ward. The facts giving rise to the case are not now in dispute. On 29th November 193S the plaintiffs mother and guardian entered into an agreement to sell the suit lands to defendants 1 and 2 (hereinafter referred to as the transferees) for discharging certain debts due by the deceased father of the plaintiff. The consideration for the sale was Rs. 17,200 out of which Rs. 16,000 was to be adjusted towards the debts due to the transferees themselves on promissory notes and Rs. 1200 was to be paid in discharge of a mortgage debt due to a third party. It is common ground that the transferees paid off this mortgage debt and were placed in possession of the properties in pursuance of the contract of sale, but the transfer had not been duly completed by the execution and registration of the deed of sale as provided for in the agreement. Taking advantage of this circumstance, the plaintiff, who is still a minor, su










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