R.J.BHAVE
DHUJRAM – Appellant
Versus
CHANDAN SINGH – Respondent
( 1. ) THIS second appeal is by the plaintiff.
( 2. ) THE facts of the case, in brief, are that the plaintiffs father who possessed lands in villages Nawapara and Dongripali died in the year 1948. The plaintiff was then a minor. On 17-4-1953, Smt. Phoolkunwar (defendant No. 3), the mother of the plaintiff, executed a sale-deed of the immovable property in suit, viz. , Plots Nos. 32/8 and 32/9 of village Nawapara in favour of defendants 1 and 2 and possession was also delivered to the vendees. The sale-deed was executed by Smt. Phoolkunwar for herself and as guardian of the minor plaintiff. Though the plaintiff attained majority in the year 1956, the present suit was filed in the year 1963 challenging the sale in favour of defendants 1 and 2. The sale was challenged on the grounds that it was without consideration and that it was not for legal necessity. It was, therefore, urged that the sale was void, that the defendants 1 and 2 were trespassers and that the plaintiff was entitled to possession of the lands.
( 3. ) THE allegation of the defendants was that Smt. Phoolkunwar found it difficult to manage the lands from both the villages. She, therefore, transferred the lands f
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