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2018 Supreme(All) 1383

SUDHIR AGARWAL
RAM PRATAP – Appellant
Versus
RAJ KISHORE – Respondent


Advocates:
Counsel :
Satya Prakash, J.N. Dubey, J.N. Pandey for the Appellants; U.C. Mishra, A.K.Goyal, Dinesh Kumar Verma, Md. Muzzammil.I.Qureshi, Shirish Bansal, Sirish Prasad, Syed Mohd. and V.C. Mishra for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Shri Satya Prakash, learned counsel for appellants.

2. This is a defendants’ appeal under Section 100 of Civil Procedure Code. It was admitted on ground No. 5 as substantial question of law, which reads as under:

“5. Whether sale-deed executed by the natural guardian of minor without taking prior permission of District Judge under Section 8 of Hindu Minority Act which was mere voidable at the instance of minor could be cancelled in a suit filed by the stranger claiming herself to be next friend?”

3. Learned counsel for appellants has submitted that land belongs to defendant No. 2, Ashok Kumar s/o Shri Kharagjeet Singh. It was sold by his father Kharagjeet, when Ashok Kumar was minor without permission of District Judge. Original Suit No. 252 of 1975 was filed by said minor through next friend (defendant No. 2) for cancellation of said sale-deed dated 3.4.1974, on the ground that no permission from District Judge had been obtained and, therefore, transaction was void, which was represented by minor. It is not in dispute that land in dispute is an agricultural land.

4. Trial Court had formulated following eight issues:

“1. Whether the sale-dee

















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