Rameshwar VS Shivaji

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A.M.DHAVALE
Rameshwar – Appellant
Versus
Shivaji – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Ms. Priyanka N. Matlane, Advocate
For the Respondent Nos.1, 4 and 5:Mr. A.S. Deshmukh, Advocate

JUDGMENT

A. M. Dhavale, J.—A minor plaintiff’s suit filed through his father as next friend for declaration that the sale of his share by his mother was void & illegal, was decreed with costs by the trial Court. The first Appellate Court allowed the appeal and reversed the judgment. Hence, the plaintiff has filed this Second Appeal.

2. The appellant-original plaintiff was aged 12 years when his father as next friend filed Reg. Civil Suit No. 56/89 in the court of Civil Judge Jr. Division, Selu, Dist. Parbhani. As per the plaint, land adm. 2H 90R at Gut No. 254 at Digras was belonging to the plaintiff. Kushavartabai / defendant No. 1 (his mother) had no title or right or interest. Defendant Nos. 2 and 3 by use of undue influence, coercion and force got a sale deed of the suit land executed in their name without any consideration. That time, defendant No. 1 as mother acted as a guardian when his father was alive. She had no authority to act as guardian and to execute the sale deed. No permission of the court was obtained for sale of minor’s property. Initially, the suit was for declaration that the sale deed was void and for perpetual injunction but in 1990, the plaintiff claimed tha