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Thangavelu and anr. Vs. Nachu Narayana Padayachi and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Family
CourtChennai
Decided On
Reported inAIR1933Mad352
AppellantThangavelu and anr.
RespondentNachu Narayana Padayachi and ors.
Cases ReferredRam Sunder Lal v. Lachhmi Narain
Excerpt:
- - it is unnecessary here to go into the question whether a guardian has ordinarily a right to spend money for a purpose like this as the case, in my view, is one of those in which the sale must be held binding because the preponderance of the purchase money was for a binding purpose......of the purchase money was for a binding purpose. that as a legal principle has been laid down now by the privy council in a series of cases such as sri krishna das v. nathu ram , suraj bhan singh v. sah chain sukh and gowri shankar v. jiwan singh . it must always remain a question or applying this principle and therefore of the discretion of the court as to what proportion should be found to be binding in order to constitute the sale binding as a whole. in the present case a third of the money was not appropriated to an incontestably binding purpose. my attention is drawn to a privy council case: ram sunder lal v. lachhmi narain air 1929 p c 143 in which out of a total consideration of rs. 10,000 and odd some rs. 7,000 had been found to be not of this character. i cannot.....
Judgment:

Curgenven, J.

1. The suit was brought by two minor plaintiffs to set aside a, sale-deed executed by their mother to defendant 1. The consideration for the sale, which was of a piece of land, was Rs. 600 of which Rs. 400 is now admitted to be binding upon the minors, both the Courts having found that it was in discharge of a debt incurred by the father. The remaining Rs. 200, it is said, was expended upon purchasing another piece of land for the minors. It is unnecessary here to go into the question whether a guardian has ordinarily a right to spend money for a purpose like this as the case, in my view, is one of those in which the sale must be held binding because the preponderance of the purchase money was for a binding purpose. That as a legal principle has been laid down now by the Privy Council in a series of cases such as Sri Krishna Das v. Nathu Ram , Suraj Bhan Singh v. Sah Chain Sukh and Gowri Shankar v. Jiwan Singh . It must always remain a question or applying this principle and therefore of the discretion of the Court as to what proportion should be found to be binding in order to constitute the sale binding as a whole. In the present case a third of the money was not appropriated to an incontestably binding purpose. My attention is drawn to a Privy Council case: Ram Sunder Lal v. Lachhmi Narain AIR 1929 P C 143 in which out of a total consideration of Rs. 10,000 and odd some Rs. 7,000 had been found to be not of this character. I cannot accordingly say that the lower appellate Court has committed any error of law in holding that in the circumstances of this case the sale ought to be confirmed and the suit dismissed. I accordingly dismiss the second appeal with costs.


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