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1979 Supreme(P&H) 41

D.S.TEWATIA
Darbara Singh – Appellant
Versus
Karminder Singh – Respondent


Judgment

1. The short question that arises for consideration in this regular second appeal of the defendant is as to whether the agreement to sell the plaintiff-minors property entered into by their father Sadhu Singh with the defendant-appellant on 24-10-1967, and in pursuance of which the actual possession of the land was delivered to the defendant-appellant, was or was not in the nature of a personal covenant and thus not binding upon the plaintiff-minors in view of the provisions of Sub-Section (1) of Section 8 of the Hindu Minority and Guardianship Act, 1956, hereinafter referred to as the Act.

2. The relevant provisions of S.8 of the Act are in the following terms :

"8. (1) The natural guardian of a Hindu minor has power, subject to the provisions of this Section, to do all acts which are necessary or reasonable and proper for the benefit of minor or for the realization, protection or benefit of the minor s estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without previous permission of the Court,-

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the m












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