AIR 1982 (NOC) 199 (CAL) ::1982 HinduLR 296 ::1982 (1) Civ LJ 85 ::(1982) 86 Cal WN 961 ::(1982) 86 Cal WN 423 ::(1982) 1 Cal LJ 465 ::(1982) 1 CalLJ 134 ::1982 (1) Cal HN 189

Calcutta High Court

Hon'ble Judge(s): A. K. Sen, Bhabes Chandra Chakrabarti , JJ

(A) Hindu Minority and Guardianship Act (32 of 1956) , S.8— Powers of natural guardian under - Contract to sell suit property to " A" by mother of minors for legal necessity - No previous permission of Court sought - Contract is in contravention of S.8(2) and so not enforceable. ILR (1972) 2 Cal 347 reversed on principle. Transfer of Property Act (4 of 1882) , S.53A— Defendant No.1, the mother and as such natural guardian of minor defendants entered into an agreement with plaintiff "A" for self and on behalf of minors to sell the suit property for consideration by accepting an advance to meet certain antecedent debts during illness of her deceased husband and executed registered a Bainapatra stipulating that the mother having herself appointed the certificated guardian of minors would execute the deed of sale within six months and the plaintiff "A " was put into possession of suit property under a Kabuliat. But subsequently the minor defendants and the mother suffered a collusive compromise solenamah decree purporting to surrender possession of the suit land in favour of "B" and refused to execute the sale deed. Suit for specific performance of contract was filed by "A". Held, that the contract between "A" and mother of minors on their behalf was not enforceable in law though it was competent for the mother to enter into and exe....