JUDGMENT

Anil Kshetarpal, J. (Oral) - Defendant no.1-appellant is in the regular second appeal against the judgment passed by the learned first appellate court decreeing a suit for symbolic possession by way of specific performance of the agreement to sell dated 26.10.2005.

2. Appellant, a minor at that time, entered into an agreement to sell through his mother Smt. Suman, who was defendant no. 2 in the suit agreeing to sell the property in dispute in favour of the plaintiff for a sum of Rs. 70,000/- vide agreement to sell dated 26.10.2005. Total payment was paid and possession of the property was delivered. As per the agreement to sell, the mother, a natural guardian, was required to take permission from the Guardian Judge before execution and registration of the sale deed. It is undisputed that such petition under Section 8 of the Hindu Minority and Guardian Act, 1956 (hereinafter referred to as 'the Act of 1956') was filed and the permission was granted subject to certain conditions. However, the sale deed was not executed which forced the plaintiff to file the present suit.

3. Learned first appellate court after appreciating the evidence has decreed the suit while reversing the