JUDGMENT (CAV)

Sanjay K. Agrawal, J.—This second appeal preferred by the appellant/plaintiff was admitted for hearing on 25/09/2019 on the following substantial question of law:

“Whether both the Courts below were justified in dismissing the suit of the plaintiff and granting the counterclaim of defendant No. 1 by recording a perverse finding ignoring the fact that the suit property owned by the appellant/plaintiff (minor on the date of sale) was sold by his natural guardian i.e. defendant No. 3 on 14/06/1996 (Ex. P/1) without the previous permission of the Court in violation of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 making the sale voidable under Section 8(3) of the Act of 1956 ?”

(For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

2. The suit property situated at Village Piparchhedi, Tahsil Rajim, Distt. Raipur was originally owned by the plaintiff during his minority but the said suit property was sold by his father i.e. defendant No. 3 in favour of defendant No. 1 by registered sale deed dated 14/06/1996 (Ex. P/1) and he is said to have delivered the peaceful posse