1981 Supreme(MP) 484

M. D. Bhatt, J.
Kishanlal v. Babugir
S. A. No. 233 of 1969 (I); decided on 3-9-1981.

Headnote:Hindu Minorit and Guardianship Act, 1956 -- S. 8 -- suit for avoidance of sale based on this provision -- question of legal necessity and benefit of estate are irrelevant.

        Defendant No. 1 purchaser Kishanlal Balai having lost in both the Courts below, has now preferred the second appeal.

        Plaintiff Babugirs widowed mother Mst. Kaveribai (defendant No.2) during the minority of the plaintiff, had sold the suit lands to the present appellant defendant No. 1 Kishanlal vide registered sale deed dated 28-8-58. Grounds of sale were stated to be legal necessity and benefit of the estate as mentioned in the sale deed. Kaveribais son Babugir, after attaining majority, filed the suit on 26-11-63 for declaring the sale as void and not binding on him and consequently also for possession of the suit lands.

        Held: The questions of legal necessity and benefit of the estate are obviously of no relevance in view of the mandatory provisions of section 8 of the Hindu Minority and Gardianship Act. Sub-section (2) of section 8 ibid puts an embargo on the natural guardian to alienate the minors property without the previous permission of the Court, and any sale, made in contravention of this sub-section has been made voidable at the instance of the minor on his attaining majority. It is a common ground that no previous permission of the Court had been obtained for the sale. Therefore, obviously the sale of the minors property by his natural guardian viz. Mst. Kaveribai, being without previous permission of the Court, was voidable, and the minor i.e. the respondent plaintiff Babugir was entitled to avoid it on his attaining majority. His suit, therefore, was rightly decreed. Appeal dismissed.