S.S.SANDHAWALIA, PREM CHAND JAIN, S.P.GOYAL
Surta Singh – Appellant
Versus
Pritam Singh – Respondent
S.S.SANDHAWALIA, J.
1. Whether a transfer of immovable property by a natural guardian in contravention of Section 8(1) and (2) of the Hindu Minority and Guardianship Act, 1956 can be challenged by way of a suit by the minor only within the prescribed period of three years from attaining majority under Art.60 of the Indian Limitation Act, 1961 is the significant question necessitating these two references to the Full Bench. Equally at issue is the correctness of the view of the Division Bench in Pran Nath V/s. Bal Kishan, AIR 1959 Punj 313 holding unreservedly to this effect.
2. The issue aforesaid arises from facts within a narrow compass and it suffices to advert to those in R.S.A. No. 1479/1970. Pritam Singh plaintiff-rent had instituted the suit on 7th May, 1965 for possession of half share of 129 kanals 10 Marlas of land on the ground that his mother Smt. Tej Kaur, without any right or authority and without the permission of the Court, had sold the suit land on 22nd of May, 1959 in favour of the defendant during his minority. It was further averred that the said (sale of) and was not for his benefit nor in his interest and was, therefore, void and further that he was 20
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