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V. LAKSHMINARAYANAN
Manickam Kandiar – Appellant
Versus
Rengammal – Respondent
JUDGMENT :
V. LAKSHMINARAYANAN, J.
1. The present appeal arises out of the Judgment and Decree in A.S.No. 18 of 1994, on the file of the Sub Court, Pattukkottai dated 31.07.1995 in confirming the judgment and Decree in O.S.No. 438 of 1991 dated 29.07.1994 on the file of the District Munsif Court at Pattukkottai. The appellant before me is the 1st Defendant in the suit. The suit had been presented by one Rengammal and Banumathi (a person who was born with hearing and speech challenges). The relief sought for in the suit was for a declaration that the plaintiffs are the owners of the property and for a consequential order of injunction restraining the defendants 1 & 2 from interfering with their peaceful possession and enjoyment of the property. The core facts are not in dispute.
2. The father of the plaintiff was one Rathinam Sethuruyar. The plaintiffs were born from the wedlock between said Sethuruyar and Silambayi, the 2nd defendant. Ratnam Sethurayar had a younger brother by name Kannuswami Sethurayar. The said Kannusami Sethurayar had gone to Singapore, earned income and purchased the suit schedule property. Both parties agree that Ratnam Sethuruyar died in the year 1967, and Kannu
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.
The sale made by a guardian is voidable, but a suit to challenge it must be filed within the limitation period. Failure to challenge intervening sale deeds and non-joinder of necessary parties can le....
Sales of minor's property by guardian without court permission are voidable, requiring action within three years post-majority to avoid limitation issues.
Possession for property under void transactions does not confer title; the statutory periods of limitation apply rigorously, especially for minors claiming ownership post-majority.
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....
A suit for declaration of title becomes barred by limitation if not filed within the statutory period following attainment of majority or the deed date, with adverse possession applying for valid cla....
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