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1993 Supreme(SC) 239

KULDIP SINGH, N.M.KASLIWAL
G. Annamalai Pillai – Appellant
Versus
District Revenue Officer – Respondent


Advocates:
A.T.M.SAMPATH, ASHA JAIN MADAN, SANJIV MADAN

JUDGMENT

KULDIP SINGH, J.—The short question for consideration in this appeal is whether lease deed in dispute, which was voidable in terms of Section 8(3) of the Hindu Minority and Guardianship Act, 1956 (the Act) when validly avoided, was effective from the date of the lease deed so as to make the transaction void and unenforceable from the very inception.

2. It is not disputed before us that the land in dispute was owned by Janarthanan, respondent 5 before us. His father Purushothaman by a registered deed dated December 12, 1971 leased the land in dispute for a period of five years to G. Annamalai Pillai. On the date when the lease deed was executed Janarthanan was a minor, his date of birth being September 27, 1957. Claiming to be a cultivating tenant, on the basis of the lease deed, Annamalai Pillai filed an application before the Tehsildar under the provisions of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 praying that he be registered as a tenant in the tenancy records. Janarthanan contested the said proceeding on the ground that the land was his property, his father had no right or title to deal with the same and the lease deed executed by his father


















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