2025 Supreme(Online)(KER) 3978
HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
ANTONY @ JIJO – Appellant
Versus
PAUL – Respondent
RSA 902/2020
Important Points
Subject
Civil Law - Property Law
Act Referred
Indian Contract Act: S.64, S.65
Headnote
(B) Second Appeal - Scope of review - The court held that findings of fact by the Trial Court cannot be interfered with unless there is a clear perversity. The appeal was dismissed as no substantial question of law arose. (Paras 22, 28)
Facts of the case:
The plaintiffs, brothers, challenged the dismissal of their suit regarding the validity of sale deeds executed by their father during their minority, claiming they were void due to lack of court sanction. (Paras 1, 2)
Findings of Court:
The Trial Court upheld the alienations, stating they were made in the minors' interest and that the plaintiffs ratified these transactions by accepting benefits from subsequent dealings. (Paras 11, 27)
Issues: The main issues included whether the alienations were made for the minors' benefit and whether the plaintiffs could avoid the sale deeds after accepting benefits. (Paras 19, 27)
Ratio Decidendi: The court ruled that the natural guardian's actions were valid as long as they were prudent and for the minors' benefit, emphasizing the guardian's duty under Section 27. (Paras 19, 27)
Result: Regular Second Appeal dismissed without costs.
K.B.PRADEEP, SHRI.HARISANKAR R, SMT.PRIYA MARY P.L., V.M.KRISHNAKUMAR
| Table of Content |
|---|
| 1. plaintiffs challenge suit dismissal (Para 1) |
| 2. alienation details and context (Para 2) |
| 3. defendants' written statement (Para 3 , 4) |
| 4. trial court's initial ruling (Para 5 , 6) |
| 5. second appeal and remand (Para 7 , 8) |
| 6. court's reasoning on guardian's duties (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. regular second appeal dismissed (Para 29) |
JUDGMENT
1. Appellants are the plaintiffs in O.S No.300/1995 of the Munsiff’s Court, Kodungalloor. The plaintiffs are brothers. They challenge the concurrent judgments and decrees of the Trial Court and First Appellate Court dismissing their suit.
2. The suit was originally filed against three defendants. During the pendency of the suit, the 1st defendant died, and his legal heirs were impleaded as additional defendants 4 to 11. The suit was filed for declaring that Ext.B2 Sale deed executed by the father of the plaintiffs on behalf of them during their minority with respect to B schedule Item No.1 property having an extent of 55 ¼ cents in favour of the 1st defendant and Ext.B3 Sale deed executed by the father of the plaintiffs on behalf of them during their minority, with respect to Plaint B schedule Item No.2 property having an extent of 6.37 cents in favour of the 2nd defendant, Ext.B4 and B5 documents executed by the 1st and 2nd defendants with respect to those properties in favour of the 3rd defendant are void and not binding on the plaintiffs and the plaint Schedule properties; for consequential relief of setting aside the said documents; for allowing recovery of possession of Plaint B schedule properties from the 3rd defendant on the strength of title with mesne profits. Plaint B Schedule Item Nos 1 and 2 properties are parts of Plaint A schedule property having an extent of 2 acres 15 cents obtained by the plaintiffs represented by their father Antony as their natural guardian as per Ext.A1 Sale deed of the year 1979 during their minority. As per the plaint allegations on the basis of Ext B4 and B5 sale deeds executed by defendants 1 and 2, the plaint B schedule properties are in possession and enjoyment of the 3rd defendant; the plaintiffs did not enjoy the consideration of the above sale deeds; the father of the plaintiffs did not obtain sanction from the District court Thrissur for Ext.B2 and B3 alienations.
3. Defendants 1 and 2 filed a joint Written Statement, and the 3rd defendant filed a separate Written Statement opposing the suit prayers. Defendants 1 to 3 admitted that the plaintiff derived the title of the plaint schedule property as per Ext.A1, that the father of the plaintiff transferred plaint B schedule properties in favour of defendants 1 and 2 as per Ext.B2 and B3 and that the 3rd defendant purchased the Plaint B schedule properties from defendants 1 and 2 as per Ext.B4 and B5 Sale Deeds. According to them, Antony, father of the plaintiffs, transferred plaint B schedule properties in favour of defendants 1 and 2 for and on behalf of the plaintiffs upon valid consideration and in good faith. While executing those Sale deeds, Plaint B schedule properties were barren land without any cultivation and irrigation facilities. The plaintiffs did not obtain any usufructs from it. The father of the plaintiff did not have the financial capability to cultivate the said properties. Hence, the father of the plaintiff and relatives formed an opinion to purchase another cultivating land for the best interest of the minors. By using the sale consideration received from the 2nd defendant as per Ext.B2, the father of the plaintiffs immediately purchased 1 acre 42 cents of paddy land for and on behalf of the plaintiffs from one Anandan through Ext.B1 sale deed using the sale consideration of Rs.8000 received from the 2nd defendant. The sale consideration received from the 1st defendant as per Ext.B3 was utilized for the educational expenses of the plaintiffs and their family expenses. Every guardian has the r