Indian Kanoon - Search engine for Indian Law

(c) Direct the Defendants to pay the cost of the suit and

(d) Grant such other reliefs as the Hon’ble Court may deem fit in the circumstances of the case.” 2.3 The plaintiffs’ case in the plaint was that Balaraman had no authority to execute Sale Deed on behalf of his minor son Palanivel and the Sale Deeds executed by Balaraman were void. The plaintiffs being sons of Kannan are entitled for declaration and possession of the properties from the defendants. It  was further pleaded that validity of the Will dated 17.05.1971 has been upheld by the Subordinate Judges Court, Cuddalore in O.S. No. 447 of 1973.

3. Shri V. Prabhakar, learned counsel for the appellants in support of the appeal contends that Article 60 of the Limitation Act shall not apply and the suit was rightly held to be governed by Article 65 by the trial court, which was well within time. It is submitted that the option to repudiate the action on behalf of the minor having been exercised by mother of the minor, the sale deed executed by Balaraman become void from its inception. Sale deeds executed by Balaraman were without permission of the Court and were without legal necessity, hence was rightly repudiated by his mother Lakshmi Ammal. On the strength of repudiation of the alienation by Lakshmi Ammal, the sale deeds become void and there was no necessity for praying for setting aside the sale deeds and suit for declaration and possession was fully maintainable. Article 60 would have been applicable only if the suit was filed for setting aside the sale deeds.

31. The above observations were made by this Court in the context of Section 11 of the Act, 1956. Section 11 of the Act contains a statutory prohibition on “de facto guardian” of the minor from disposing of the property of the minor. The transfer made by de facto guardian is, thus, void and can be repudiated in any manner. It is well settled that it is not necessary for a minor or any person claiming under him to file a suit for setting aside a void deed. A void deed can be ignored. The above observations cannot be held to be applicable to transfer made by a natural guardian under Section 8(3) of the Act.

6. We agree with the reasoning and the conclusions reached by the Division Bench of the High Court and as such this appeal has to be dismissed.”

34. Learned counsel for the appellants relying on the above decision contends that sale by Balaraman when has been avoided by release deed it became void from the very beginning. There can be no quarrel to the proposition laid down in G. Annamalai Pillai vs. District Revenue Officer and others(supra). In the present case there having been no repudiation of sale deed on behalf of minor, the question of voidable sale deed becoming void does not arise.