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RSA 434/10
BETWEEN:
H.M. Rudraradhya,
S/o. Mariyappa,
Aged about 49 years,
C/o. I.T.I. Siddappa,
Varthur,
Bangalore South Taluk-560 056.
[By Sri. M.S. Nagaraja, Adv.]
AND:
1. Uma,
W/o. Prakash,
Aged about 43 years,
D/o. late Marula Siddappa,
Anugondanahalli Hobli,
Hosakote Taluk,
Bangalore-561 203.
2. Rajashekar,
S/o. late Siddappa,
Aged about 49 years,
Malleswaram,
Bangalore-560 003.
...
APPELLANT/S
RSA 434/10
3. Prabhu,
S/o. late Siddappa,
Aged about 46 years,
C/o. Teacher Ramanjaneya,
Maralukunte Village,
Devanahalli Taluk,
Bangalore Rural District-562 116. ... RESPONDENT/S
[By Sri. Shanmukappa, Adv. for R1.
Notice to R2 is dispensed with
V.C.O. dt.01.08.2011.
Service of notice to R3 is held
sufficient V.C.O. dt.07.03.2011]
***
This RSA is filed u/Section 100 of CPC, against
the Judgment and Decree dated: 23.01.2010 passed in
R.A. No.18/2007 on the file of the Presiding
Officer,
Fast
Track
Court-I,
Bangalore
Rural
District, Bangalore, allowing the appeal and setting
aside the Judgment and Decree dated: 16.12.2006
passed in O.S. No.295/1996 on the file of the Civil
Judge (Jr.Dn.) & JMFC., Hoskote.
This RSA having been heard and reserved for
Judgment, this day the Court pronounced the
following:
JUDGMENT
The appellant has challenged the Judgment and
Decree of the first appellate Court granting share
to the 1st respondent by allowing her appeal against
the
Judgment
and
Decree
of
the
trial
Court,
2.
RSA 434/10
The
appellant
respondents
respectively
respondent
is
and
in
the
claiming
the
are
suit
her
1st
defendant,
defendants
instituted
1/3rd
share
whereas
2
by
in
and
the
the
3
1st
suit
and
defendants
and
sold
the
suit
Sale
Deed
dated
04.06.1987.
The
RSA 434/10
The
1st
defendant
has
filed
his
written
the
plaintiff,
consideration.
it
was
sold
for
valuable
RSA 434/10
On
the
basis
of
these
pleadings,
the
trial
The documents
The 1st
RSA 434/10
of
the
first
appellate
Court,
the
1st
defendant is in appeal.
3.
the
following
substantial
question
of
law
for
consideration:
Whether
Article
60
Limitation
the
suit
or
Article
Act,
respondent,
in
who
was
the
was
governed
by
109
of
the
light
of
the
the
appellant-
sold
by
her
father
during
her
counsel
for
minority?
4.
have
heard
learned
the
parties.
5.
contend
the
suit
property
was
gifted
to
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Therefore,
Act
of
1956
for
short]
and
the
sale
is
The suit
the
plaintiff
Therefore,
contends
the
He
the
first
trial
majority.
the
of
was
submits
that
age
Court
further
he
attaining
appellate
Court
ground
property
submit
that
governed
that
the
the
by
suit
property
Mitakshara
approach
of
the
was
law.
first
ancestral
He
would
appellate
RSA 434/10
joint
it
is
either
Article
109
or
110
of
the
6.
name
The father of
Gurusiddappa had
gifted
the
It is
suit
land
was
not
joint
family
property.
provisions
either
deal
with
joint
family
RSA 434/10
7.
The
validity
of
sale
transaction
in
its
alienation,
though
minor
At the time
in
the
joint
transaction
could
ignore
the
alienation
and
10
RSA 434/10
In
date
of
alienee
takes
possession
of
the
property.
8.
L.Rs.
and
others],
by
the
counsel
for
the
the
elder
sister,
who
In the aforesaid
was
de
facto
11
RSA 434/10
The
He
9.
joint
family
property.
This
provision
is
10.
12
RSA 434/10
Santaram
Bhosale
and
another
Vs.
of
the
Limitation
Act.
Therefore,
the
11.
the Apex
13
Therefore,
RSA 434/10
Act
of
alienation.
1956
which
is
applicable
to
the
etc.,
it
could
be
by
the
only
with
the
previous
If no such permission is
guardian,
then
the
disposal
of
14
RSA 434/10
sale
in
is
contravention
of
sub-Section
(2)
of
12.
that mother/guardian of
the plaintiff
had
the
sale
by
the
guardian
without
prior
possession
from
the
purchaser
filed
by
minor
on
15
relief
to
set
aside
the
RSA 434/10
Sale
Deed,
wherein
the
from
majority.
the
date
of
Therefore,
attaining
in
the
respect
age
of
of
such
Court
held
that
the
transfer
of
minors
13.
in
2004(8)
Supreme
Court
Cases
785
[Nangaliamma
16
RSA 434/10
The
of
her
attaining
the
age
of
majority.
the
respondents
that
the
plaintiff
has
not
When
17
RSA 434/10
is
Limitation
contemplated
Act
and
under
the
the
So,
from
and
if
the
of
of
said
angle,
absence
60
the
whatsoever
in
Article
facts
Limitation
Act,
which
is
applicable
to
the
question
of
law
raised
is
answered
18
RSA 434/10
Sd/JUDGE.
Ksm*