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1977 Supreme(All) 243

B.N.SAPRU
Arun Kumar – Appellant
Versus
Chandrawati Agrawal – Respondent


Advocates:
Mohan Ji Verma and R.C. Shukla, for Appellants; S.O.P. Agarwal, for Respondents.

JUDGMENT :- The facts necessary for the decision of this second appeal can be narrated in brief. A suit was filed in forma pauperis by the plaintiffs who claimed themselves to be sons and daughters of Gaya Prasad. defendant No. 3. It is stated that Gaya Prasad executed a conditional sale of the disputed house No. 8, Khushal Parbat, Allahabad in favour of defendant No. 4, Chaudhary Naunihal Singh. Subsequently, in the year 1959, the defendant No. 3 and defendant No. 4, namely, Gaya Prasad and Chandhary Naunihal Singh respectively, sold the house to Smt. Chandrawati Agarwal and Devi who were defendants Nos. 1 and 2 in the suit. The plaintiffs allegations were that at the relevant time when the sale-deed was executed, they were minors and the sale-deeds were not for their benefits. It is further stated that the sale had been executed by Gaya Prasad without obtaining the permission of the District Judge and, as such, it was in violation of the provisions of S. 8 of the Hindu Minority and Guardianship Act No. 32 of 1956. The plaintiffs claimed that the sale-deed be declared to be invalid and they be given possession of the house and compensation as well.

2. The suit was contested by def




















































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