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2.4 The defendant filed written statement. The defendant’s case was that Balaraman, in order to discharge his debts and for family necessity executed sale deed for himself and on behalf of his minor son on 15.12.1981. The sale deed binds the minor Palanivel. The release deed executed by Lakshmi Ammal on 24.03.1986 will confer no right to the plaintiffs. The suit is barred by limitation since the suit has not been filed within 03 years from the date of death of Palanivel i.e. 11.02.1986. The suit as framed is not maintainable. The defendants are not in illegal possession. The defendants are bonafide purchasers for value. The plaintiffs cannot file suit for declaration without praying for setting aside the sale deeds.

2.5 The trial court framed ten issues. Issue No.7 was “Whether the suit is barred by limitation?”. Issue No.8 was “Whether the plaintiffs are entitled to seek for declaration of title in respect of suit properties?”. Issue No.9 was “Whether the plaintiffs are entitled to seek for recovery of possession?”. The trial court while deciding Issue No.7 held that suit is not barred by limitation. Trial court held that plaintiff having filed the suit as reversioner, Article 65 of the Limitation Act will apply. As per Article 65, period for limitation is 12 years, hence suit was within time. The Will dated 17.05.1971 was held to be a valid Will. The sale deeds executed by Balaraman are voidable. On release deed, the trial court held that Lakshmi Ammal had no right in the suit properties, as such the plaintiffs do not derive any new right from the release deed. Trial court held that it is not necessary to decide the truth and validity of the release deed dated  24.03.1986. The trial court further held that there was no necessity to file the suit seeking a prayer to set aside the sale deeds separately since those sale deeds are voidable and they can be ignored. It was held that plaintiffs are competent to recover possession from the defendants. Trial court vide its judgment and decree dated 13.08.1997 decreed the suit.

(ii) Whether without praying for setting aside the sale deeds executed by Balaraman, the suit for declaration and possession was maintainable?

(iii) Whether the plaintiffs can successfully contend that by execution of release deed dated 24.03.1986 by Lakshmi Ammal, sale deeds executed by Balaraman were successfully repudiated?

20. The alienations, which were voidable, at the instance of minor or on his behalf were required to be set aside before relief for possession can be claimed by the plaintiffs. Suit filed on behalf of the plaintiffs without seeking prayer for setting aside the sale deeds was, thus, not properly framed and could not have been decreed.

Issue No.3

21. The question is as to whether by execution of the release deed dated 24.03.1986 in favour of the plaintiffs, there was repudiation of the alienation made by Balaraman. The release deed has been brought on the record as Annexure P-1. A perusal of the release deed does not indicate that there is any reference of alienation made by Balaraman in favour of the defendants. There being no reference of the alienation made by Balaraman on behalf of minor, there is no occasion to read release deed as repudiation of the claim on behalf of the minor. Section 8(3) gives a right to the minor or any person claiming under him, the relevant words in Section 8(3) are “at the instance of the minor or any person claiming under him.” Thus, alienation made on behalf of the minor can be avoided by minor or any person claiming under him. In event, minor dies before attaining majority, obviously, his legal heirs will have right to avoid the alienation.