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1966 Supreme(MP) 8

V.R.NEWASKAR, T.P.NAIK, SHIV DAYAL
BALDEO SINGH RAGHURAJ SINGH – Appellant
Versus
GOPAL SINGH RAGHURAJ SINGH – Respondent


Advocates Appeared:
G.P.SINGH, L.S.BAGHEL, R.S.DABIR

T. P. NAIK, J.

( 1 ) THE plaintiff-appellant, a minor, filed, a suit, through his next friend Durga vinod Singh, for a declaration that the sale-deed, dated 28-8-1959, executed by his eldest brother, Gopal Singh (respondent No. 1) as the karta of the joint Family, consisting of himself and his brothers, viz. , Raj Bahadur Singh and the minor plaintiff Baldeo Singh, was void, as it was not executed for legal necessity or for the benefit of the estate. It was also averred in the plaint that the suit property in respect of which the declaration was sought was in possession of tenants, who had not yet attorned to the vendees; nor had the defendants-vendees been able to obtain possession of the suit property from the tenants in any other way. It was also pleaded, in the alternative, that as the plaintiff was a minor and as the permission of the Court had not been obtained in accordance with the Hindu minority and Guardianship Act, 1956, the sale-deed in question was void in any case to the extent of the share of the plaintiff-appellant. In the result, the plaintiff claimed the following reliefs:. . (VERNACULAR MATTER OMMITED ). .

( 2 ) THE suit was contested by the defendants Nos. 4 and









































































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