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Vishwambhar & Ors vs Laxminarayan (Dead) Through on 20 July, 2001

17.In Vishwambhar and Others Vs. Laxminarayan (Dead) Through LRs. and Another, (2001) 6 SCC 163, which was a case of challenge to alienation without Court’s sanction and without legal necessity, this Court held that the alienation by natural guardian was voidable. In the above case, the mother, natural guardian of two minors has executed the sale deed before they attained majority. Minors after attaining majority had filed suit pleading that sale deeds are not binding and operative on the legal rights of plaintiff, and prayed that the said sale deeds be set aside to the extent of their share and the suit for possession of the land be decreed. In the above case, after considering Section 8 this Court held that sale deeds were voidable at the instance of the plaintiff. This Court further held that if the plaintiffs were required to have the sale deeds set aside before making any claim in respect of suit properties sold then a suit without such a prayer was of no avail to the plaintiffs. Following was held in Paragraph No.9:-
Supreme Court of India Cites 5 - Cited by 117 - D P Mohapatra - Full Document

Murugan vs Kesava Gounder (Dead) Thr Lrs And Ors. on 25 February, 2019

15.On the interpretation of Section 8 of the Act, the Hon'ble Supreme Court and this Court, in various judgments including the judgment in the case of Murugan and others v. Kesava Gounder (dead) through LRs and others reported in AIR 2019 SC 2696, have reiterated the position that any alienation by the minor represented by the guardian is voidable, and the alienation by the guardian is binding on the minor unless it is set aside within a period of three years from the date of attaining majority. The relevant portion of the judgment is extracted below :
Supreme Court of India Cites 28 - Cited by 27 - A Bhushan - Full Document
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