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LIMITATION ACT, 1963 — Art. 60 — Avoidance of transfer by guardian — Limitation Where the minor, on attaining majority, executes a sale deed of the same property within the limitation period, that act constitutes valid repudiation of the earlier sale made by the guardian. Such conduct satisfies the requirement of avoidance under Art. 60, and the purchaser under the guardian’s sale acquires no valid title.

HINDU MINORITY AND GUARDIANSHIP ACT, 1956

S. 8(2) & (3) — Alienation by natural guardian without court’s permission — Nature of transaction — Whether void or voidable — Manner of repudiation — Whether filing of suit necessary

Held, under S. 8(2) a natural guardian has no authority to mortgage, sell, gift or otherwise transfer any part of the immovable property of a minor without the previous permission of the court.
Any disposal of a minor’s immovable property in contravention of sub-ss. (1) or (2) is voidable at the instance of the minor or any person claiming under him, and not void.

The statute does not require that such a voidable transaction be avoided only by instituting a suit.
A minor, on attaining majority, may repudiate the transaction either by instituting a suit or by his unequivocal conduct, such as by transferring the property himself within the prescribed period of limitation.
Such avoidance by conduct is permissible, as (i) the minor may be unaware of the transaction, or (ii) the transferee may not be in possession, leaving the property apparently intact in the minor’s hands.

Once a voidable transaction is avoided, it becomes void ab initio, and the avoidance relates back to the date of the transaction.

Referred to/Followed:
Abdul Rahman v. Sukhdayal Singh, 1905 SCC OnLine All 106;
G. Annamalai Pillai v. District Revenue Officer, Cuddalore, 1984 SCC OnLine Mad 185;
Chacko Mathew v. Ayyappan Kutty, 1961 SCC OnLine Ker 24;
Madhegowda v. Ankegowda, (2002) 1 SCC 178;
Vishwambhar v. Laxminarayan, (2001) 6 SCC 163;
Nangali Amma Bhavani Amma v. Gopalkrishnan Nair, (2004) 8 SCC 785;
Murugan v. Kesava Gounder, (2019) 20 SCC 633;
G. Annamalai Pillai v. District Revenue Officer, (1993) 2 SCC 402.

Principle reaffirmed: A transaction entered into by a guardian in contravention of S. 8(2) is voidable, and the minor, on attaining majority, may avoid or repudiate it either by suit or by conduct. Filing a suit is not mandatory.

LIMITATION ACT, 1963 — Art. 60 — Avoidance of transfer by guardian — Limitation

Where the minor, on attaining majority, executes a sale deed of the same property within the limitation period, that act constitutes valid repudiation of the earlier sale made by the guardian. Such conduct satisfies the requirement of avoidance under Art. 60, and the purchaser under the guardian’s sale acquires no valid title.

EVIDENCE ACT, 1872 — Ss. 101 & 114 — Proof of title — Plaintiff not entering witness box — Effect

The plaintiff, claiming title and seeking declaration and possession, must prove her own title.
Failure of the plaintiff to enter the witness box and to prove the sale deed or the title of her vendor is fatal.
A power-of-attorney holder cannot depose to facts within the principal’s personal knowledge.
(Followed: Janki Vashdeo Bhojwani v. IndusInd Bank Ltd., (2005) 2 SCC 217; Rajesh Kumar v. Anand Kumar, 2024 SCC OnLine SC 981.)

Where plaintiff neither proves her vendor’s title nor testifies personally, no right or title is established.

HELD

(i) It is not always necessary for a minor to institute a suit for cancellation of a voidable sale executed by his guardian; such transaction can be repudiated by conduct.
(ii) The minors herein, on attaining majority, executed a fresh sale deed of the property, thereby validly repudiating the earlier sale by their father without court’s permission.
(iii) The plaintiff failed to establish her title and did not depose personally.
Hence, no valid right or title stood transferred to her vendor, and the suit must fail.

Appeal allowed.
Judgments of the High Court (19-03-2013) and First Appellate Court (30-06-2005) set aside.
Trial Court decree restored.
No order as to costs.

2025 INSC 1195

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11342 OF 2013

K. S. SHIVAPPA …APPELLANT(S)

VERSUS

SMT. K. NEELAMMA …RESPONDENT(S)

J U D G M E N T

 PANKAJ MITHAL, J.

1. One Mahadevappa, son of Waderahalli Basappa of Village

Shamanur was the owner of sites measuring 42 ft. x 30 ft.

and 41 ½ ft. x 30 ft., which were carved out of Survey Nos.

113/2 and 114/1. These revenue sites were described as

plots Nos. 56 and 57 respectively. The aforesaid plots Nos. 56

and 57 were purchased by Rudrappa on 15.09.1971, in the

name of his three minor sons, namely, Maharudrappa, 

2

Basavaraj and Mungeshappa. Thus, all the three minors

became the joint owners of the aforesaid two plots.

2. Rudrappa, the father and the natural guardian of the three

minors, transferred one of the two plots i.e. plot No. 56 in

favour of one S.I. Bidari by a registered sale deed without the

court’s permission. The said S.I. Bidari further transferred

the said plot i.e. plot No. 56 to one Smt. B.T. Jayadevamma

vide sale deed dated 31.01.1983. Subsequently, when the

two surviving minors (as one of them died) attained majority,

they along with their mother transferred the aforesaid plot in

favour of one K.S. Shivappa vide sale deed dated 03.11.1989.

Acting in furtherance of the above registered sale deed, K.S.

Shivappa started working on the said land due to which Smt.

B.T. Jayadevamma thought there was interference with her

rights on the said land.

3. As a result, Smt. B.T. Jayadevamma filed an Original Suit

No. 120/1997 in the Court of II Additional Civil Judge (Sr.

Div.), Davanagere for declaration, possession and permanent

injunction. The Trial Court decreed the suit in favour of B.T.

Jayadevamma holding that the minors on attaining majority

3

failed to file a suit to get the sale deed executed by their father

repudiated. Aggrieved by the aforesaid judgment and order,

K.S. Shivappa filed Regular First Appeal No. 1522/2003

before the High Court. The appeal was allowed, and the

judgment and order passed by the Trial Court was reversed,

holding that the sale deed of the said plot executed by the

father of the minors was voidable at the instance of the

minors and that the minors can repudiate the same within

the prescribed time, upon attaining majority either by filing

a suit or by unequivocal conduct, such as, by transferring

the property to a third party. Thus, the transfer of the

property by the minors, on attaining majority within the

period of limitation, amounted to repudiation of the contract

of sale of the property executed by their father without

seeking the permission of the District Judge.

4. In a similar fashion, as above, Rudrappa, the father and

natural guardian of the minors, transferred the second plot,

i.e. plot No. 57 through a registered sale deed dated

13.12.1971 in favour of one Krishnoji Rao without taking any

permission from the court. The said purchaser Krishnoji Rao 

4

vide Sale Deed dated 17.02.1993 transferred the said plot in

favour of Smt. K. Neelamma. On the other hand, the

surviving minors on attaining majority, along with their

mother within the prescribed time sold the property, i.e., plot

No. 57 to K. S. Shivappa, the purchaser of the earlier plot No.

56. The said Shivappa clubbed both the properties, i.e. plot

Nos. 56 and 57 and built a house to live therein.

5. In the above background of the facts and circumstances,

Smt. K. Neelamma, the purchaser of plot No. 57 who

purchased it from Krishnoji Rao, as a plaintiff instituted O.S.

No. 76/1997 in the Court of Additional Civil Judge, (Jr. Div.),

Davanagere against K.S. Shivappa. The said suit was

dismissed on 14.02.2003 by the Trial Court holding that the

sale deed under which the predecessor-in-title of the plaintiff

had purchased the aforesaid plot from the father and natural

guardian of the minors was voidable as no permission of the

court was taken for its sale. The minors could repudiate the

same on attaining majority, which in fact, has been done by

them by executing the sale deed in favour of K.S. Shivappa. 

5

Therefore, the plaintiff, Smt. K. Neelamma derives no legal

rights in the said plot.

6. Aggrieved by the aforesaid judgment, order and decree, the

plaintiff Smt. K. Neelamma preferred Regular Appeal No.

67/2003 before the Principal Civil Judge (Sr. Div.),

Davangere. The said appeal was allowed, and the judgment

and order of the Trial Court was reversed. It was held that

since the minors have not challenged the earlier sale deed

executed by their guardian, they could not have sold the plot

subsequently on attaining majority.

7. The Second Appeal preferred by K.S. Shivappa against the

aforesaid judgment and order was dismissed by the High

Court vide judgment and order dated 19.03.2013 on the

same reasoning that since no suit for cancellation of the

earlier sale deed was filed by the minors on attaining

majority, the sale deed executed by their natural guardian

had attained finality. Thus, the plaintiff Smt. K. Neelamma is

the valid title holder of the plot No. 57.

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8. This is how, K.S. Shivappa, the purchaser of the two plot Nos.

56 and 57 has come up before this Court by way of this

appeal.

9. It may be pertinent to clarify herein itself that the dispute in

the present appeal is confined to plot No. 57 only. The dispute

regarding plot No. 56 stands conclusively settled by the

judgment and order of the High Court, which was never

challenged by either party before any higher forum. No

material is on record to indicate that any special leave

petition or appeal was filed against it.

10. Upon hearing learned counsel for the parties, the moot

question which falls for our consideration in this appeal is:

whether it is necessary for the minors to have filed a suit

upon attaining majority within the prescribed time period, to

set aside the earlier sale deed executed by their natural

guardian, with respect to plot no.57 or such a sale deed could

be repudiated through their conduct within three years of

attaining majority.

11. In order to answer the above question of law, it would be

beneficial to refer and quote the relevant provisions of Section 

7

8 of the Hindu Minority and Guardianship Act, 19561. The

relevant provisions are sub-Section (2) and sub-Section (3) of

Section 8 of the Act, which are being reproduced hereinbelow:

“8. Powers of natural guardian.—(1) The natural

guardian of a Hindu minor has power, subject to

the provisions of this section, to do all acts which

are necessary or reasonable and proper for the

benefit of the minor or for the realisation, protection

or benefit of the minor's estate; but the guardian

can in no case bind the minor by a personal

covenant.

(2) The natural guardian shall not, without the

previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift,

exchange or otherwise, any part of the immovable

property of the minor, or

(b) lease any part of such property for a term

exceeding five years or for a term extending more

than one year beyond the date on which the minor

will attain majority.

(3) Any disposal of immovable property by a

natural guardian, in contravention of sub-section

(1) or sub-section (2), is voidable at the instance of

the minor or any person claiming under him.

 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ”

1 Hereinafter referred to as ‘the Act’

8

12. A simple reading of the aforesaid provisions makes it

abundantly clear that a natural guardian of a minor has no

authority in law to mortgage, sell, gift or otherwise transfer

any part of the immovable property of the minor or even to

lease out any part of such property for a term exceeding five

years or for a term extending more than one year beyond the

date on which the minor will attain majority without the prior

permission of the court. Therefore, prior permission of the

court is a sine qua non for a guardian of a minor to transfer

the property of the minor in any of the manners provided

under sub-Section (2) of Section 8 of the Act.

13. Sub-Section (3) of Section 8 of the Act in unequivocal terms

provides that the disposal of any immovable property by the

natural guardian in contravention of sub-Section (1) or subSection (2) is voidable at the instance of the minor or any

person claiming under him. In other words, if the natural

guardian or a minor disposes of the immovable property of a

minor in contravention of sub-Section (1) and sub-Section (2)

particularly without the permission of the court, such a

transaction would be voidable at the instance of the minor.

9

14. The aforesaid provision, however, nowhere categorically

provide the manner in which such a transaction of disposal

of the property of a minor by a guardian without the

permission of the court would be a voidable. Such a

transaction can be avoided or repudiated by the minor

expressly by filing a suit for the cancellation of such a

transaction or impliedly by his conduct namely by

transferring the property himself on attaining the majority

within the time prescribed. The avoidance of such a

transaction by conduct appears to be permissible for two

reasons. First, at times the minor may not be aware of such

a transaction and as such may not be in a position to

institute any suit; secondly, the transaction of such a nature,

if any, may not have been given effect to and the party

acquiring right in the property may not be having possession

of the property giving an impression that the property is

intact in the hands of the minor, in which case also the minor

on attaining majority may not deem it proper to institute a

suit.

10

15. ‘Travellyan’ in his well-known book on Minors 5th Edition, on

Page No.202 stated:

“A transaction which is voidable at the instance

of the minor may be repudiated by any act or

omission of the late minor, by which he intends to

communicate the repudiation, or which has the

effect of repudiating it, for instance, a transfer of

land by him avoids a transfer of the same land

made by his guardian before he attained the age

of majority. It is not necessary that he should

bring a suit.”

16. Mulla’s Hindu Law, 12th Edition, on Page No.276 observes as

under:

“An alienation made by a Hindu widow……….

without legal necessity and without the consent

of the next reversioners is ………. voidable at their

option. They may affirm it, or treat it as a nullity

without the intervention of a court, and they show

their election to do the latter by commencing an

action to recover possession of the property.”

17. Both the above texts indicate that the transfer which is

voidable, can be repudiated by the minor on attaining

majority by his action and not necessarily by the intervention

of the court.

11

18. In a century and quarter old case of Abdul Rahman vs.

Sukhdayal Singh,

2 a property of the minor was leased out

by the guardian but not for the benefit of the minor. The

minor sold the property on attaining majority. The court

observed that it is not necessary that a suit should be

instituted to set aside the lease which was executed by the

guardian of the minor and that the act of the minor of selling

the property on attaining majority is enough to repudiate the

lease deed.

19. In G. Annamalai Pillai vs The District Revenue Officer,

Cuddalore3, Madras a lease deed of minor’s land was

executed by his father in contravention of Section 8 (1) and

(2) of the Act. The transferee moved an application for

registering himself as a cultivating tenant on the basis of the

above lease. The minor on attaining majority resisted the

application on the ground that the lease is not valid and is in

violation of sub-Section (2) of Section 8 of the Act. It was held

that the lease having been avoided by the minor after

2 1905 SCC OnLine All 106

3 1984 SCC OnLine Mad 185

12

attaining the age of majority, there was no valid lease and as

such the transferee under the lease cannot claim the status

of a cultivating tenant.

20. The above decision is certainly not binding upon this Court,

nonetheless, it has some persuasive value. It in clear term

reveals that the minor on attaining majority can avoid a

transaction which is voidable under sub-Section (2) of

Section 8 by his conduct such as by resisting the application

of the transferee to register him as a cultivating tenant. It

means that it is not mandatory to file a suit for the

cancellation of the lease deed.

21. In another case reported in Chacko Mathew v. Ayyappan

Kutty4, it was held thus:

“It is not always necessary that a party entitled to

avoid a transaction not binding on him should sue

for its rescission. He can himself avoid it by an

unequivocal act repudiating it”.

The opinion so expressed throw enough light to support the

view that a transaction which is in violation or contravention

of sub-Section (2) of Section 8 of the Act can be avoided by

4 1961 SCC OnLine Ker 24

13

the minor not only by suing for the recession of such a

transaction but by otherwise also.

22. In view of the legal opinion expressed by Travellyan, Mulla

and the High Courts of Allahabad, Madras and Kerala, it is

amply clear that a transaction in relation to the property of a

minor executed in contravention of the express provisions of

Section 8 of the Act is voidable at the option of the minor or

any person claiming under him and such an option to avoid

a transaction of the above nature can be by initiating a law

suit or may be by conduct as enumerated above.

23. In Madhegowda vs Ankegowda5, this Court in paragraph

25 held as under:

“25. …The minor, on attaining majority, can

repudiate the transfer in any manner as and when

occasion for it arises. After attaining majority if

he/she transfers his/her interest in the property in

a lawful manner asserting his/her title to the same

that is sufficient to show that the minor has

repudiated the transfer made by the “de facto

guardian/manager”.”

5 (2002) 1 SCC 178

14

24. In Vishwambhar and Ors. vs Laxminarayan (Dead)

through Lrs. and Anr.6 a Division Bench in a matter where

the minor filed a suit for possession contending that the sale

deeds executed by their guardian (mother) were inoperative

and not binding upon them as the same were affected

without the permission of the court in contravention of

Section 8 (2) of the Act, and wherein the relief for setting aside

the sale deeds was added after the period of limitation had

expired, the Court held that though the sale deeds were

executed without legal necessity and in contravention of

Section 8 (2), but the suit was rightly dismissed as the relief

for cancellation of the sale deeds could not have been added

after the expiry of the limitation.

25. The aforesaid decision is not one which lays down that the

filing of a suit by the minor on attaining majority for the

cancellation of the sale deeds executed by the guardian is

mandatory. It only lays down that the relief of cancellation of

sale deeds, if added after expiry of limitation period, cannot

be granted. The said decision, therefore, has no application

6 (2001) 6 SCC 163

15

to the facts and circumstances of the case at hand to answer

the question whether a voidable transaction can be

repudiated by the minor only by filing a civil suit or otherwise

by his conduct also.

26. Another Division Bench of this Court in Nangali Amma

Bhavani Amma vs Gopalkrishnan Nair and Ors.7 while

holding that a transaction entered into by the guardian of a

minor in violation of Section 8 (2) is voidable at the instance

of the minor and is not void and that the minor can avoid the

same on attaining majority. The Division Bench relying upon

Vishwambhar (Supra) observed that a suit must be filed by

minor in order to avoid transaction within period prescribed

under Article 60 of the Limitation Act, 1963. The aforesaid

decision also nowhere rules that there are no other

alternative modes to avoid the transaction which is in

contravention of Section 8 (2) of the Act and that the filing of

the suit alone is the remedy thereof.

7 (2004) 8 SCC 785

16

27. The decision of this Court in Murugan & Ors. vs Kesava

Gounder (Dead) through legal representatives & Ors.8,

though in the facts and circumstances of the said case, states

that alienations which are voidable at the instance of minor

are required to be set aside before relief of possession can be

claimed by such minor but even then the said decision is of

no help to answer the question before us in this appeal.

28. The aforesaid decision is only an authority to the effect that

relief of possession cannot be claimed by the minor without

getting the sale deeds, which are voidable, set aside.

However, the aforesaid decision also falls quite short of laying

down that the suit for setting aside the voidable sale deeds is

mandatory to repudiate a transaction entered into by the

guardian on behalf of the minor in contravention of Section

8 (2) of the Act.

29. Apart from the above decisions of the Apex Court, there is

another important decision of this Court in G. Annamalai

Pillai vs District Revenue Officer and Ors.

9 In the said

8 (2019) 20 SCC 633

9 (1993) 2 SCC 402

17

case, the guardian of a minor who was the owner of the

property, had executed the lease deed of the property of the

minor in contravention of Section 8 of the Act. The lease was

avoided by the minor on attaining majority. The Court held

that the effect of such avoidance would be that though the

lease was voidable but once it is avoided it becomes void from

its very inception and no statutory rights accrue in favour of

the lessee. It was held that the avoidance relates back to the

date of the transaction. The Court quoted Salmond on

Jurisprudence, 12th edition, page no.341 as under:

“… A valid agreement is one which is fully

operative in accordance with the intent of the

parties. A void agreement is one which entirely

fails to receive legal recognition or sanction, the

declared will of the parties being wholly destitute

of legal efficacy. A voidable agreement stands

midway between these two cases. It is not a

nullity, but its operation is conditional and not

absolute. By reason of some defect in its origin it is

liable to be destroyed or cancelled at the option of

one of the parties to it. On the exercise of this power

the agreement not only ceases to have any efficacy

but is deemed to have been void ab initio. The

avoidance of it relates back to the making of it. The

hypothetical or contingent efficacy which has

hitherto been attributed to it wholly disappears, as

if it had never existed. In other words, a voidable 

18

agreement is one which is void or valid at the

election of one of the parties to it.”

30. The Court in the aforesaid decision went further ahead to

state that the Privy Council in Satgur Prasad vs Mahant

Har Narain Das10 and in S. N. R. Sundara Rao & Sons,

Madurai vs Commissioner of Income-Tax, Madras11, held

that when a person dissents from the alienation, his dissent

is in relation to the whole transaction and not merely to the

possession. In the result, the effect is to get rid of the

transaction as if the transaction had never taken place.

31. In the light of the above observations, this Court in

G. Annamalai Pillai (supra) went on to record that when

the respondent avoided the lease deed executed by his father,

the lease became void from its inception and no statutory

rights could therefore accrue in favour of the other party.

32. In view of the above discussion, it can safely be concluded

that a voidable transaction executed by the guardian of the

minor can be repudiated and ignored by the minor within

10 1932 SCC OnLine PC 2

11 1956 SCC OnLine Mad 300

19

time on attaining majority either by instituting a suit for

setting aside the voidable transaction or by repudiating the

same by his unequivocal conduct.

33. In the case at hand, undisputedly the surviving minors on

attainment of majority had repudiated the transaction of sale

executed by their father by entering into a fresh contract of

sale of the property in question. It is admitted on record that

on the basis of the sale deed executed by the father of the

minors, the purchaser or the subsequent purchasers have

not entered into possession and the name of the minors

continued to appear in the revenue records. There is no

material on record that the minors had the knowledge of the

execution of the sale deed by their father. In the facts and

circumstances, if they have avoided the sale executed by their

father on attaining majority, it is sufficient repudiation of the

said sale and it was not necessary for them to have instituted

the suit for the cancellation of such a sale rather the

purchasers of the property of the minors through the

guardian on acquiring knowledge of the sale executed by the

minors on attaining majority ought to have instituted a suit 

20

either for the cancellation of the sale deed executed by the

minors or for declaration of their right, title and interest in

the property.

34. The above discussion leads us conclusively to hold that it is

not always necessary for a minor to institute a suit for

cancellation of a voidable sale transaction executed by his

guardian on attaining majority within the limitation provided

and that such a transaction can be avoided or repudiated by

his conduct. The question stands answered accordingly.

35. There is one another issue which goes in favour of K.S.

Shivappa.

36. The plaintiff, Smt. K. Neelamma in instituting the original

suit in the plaint simply pleaded that she had purchased the

property vide registered sale deed dated 17.12.1993 for a

valuable consideration from Krishnoji Rao. She has nowhere

stated or pleaded that she had verified the title of the vendor

or that the vendor, Krishnoji Rao, was having a valid title over

the property so as to transfer it in her favour.

37. She further pleaded that the cause of action for the suit arose

on 27.01.1997 when she noted certain waste products on the 

21

suit land and requested the defendant, K.S. Shivappa to

remove them, who refused to clear the same denying the title

of the plaintiff.

38. The aforesaid plaintiff, Smt. K. Neelamma had not entered

the witness box to prove her plaint case or to assert her title

over the suit property. She had not even proved the sale deed

dated 17.12.1993 under which she has allegedly purchased

the suit land from Krishnoji Rao or to state that Krishnoji Rao

was having a valid title over the said land to transfer her. In

fact, she could not even upon entering the witness box could

have proved the valid title of Krishnoji Rao in the absence of

any plaint allegations to the above effect. It is settled that the

evidence either ocular or documentary cannot travel beyond

the pleadings.

39. The power-of-attorney holder of the plaintiff, Smt. K.

Neelamma namely Shivaji Rao Salanki, PW-1 was not

competent to depose or to prove anything which was not

within his personal knowledge or was otherwise personally

known to the plaintiff, Smt. K. Neelamma. The testimony of

such a witness i.e. a power-of-attorney holder is inadmissible 

22

with regard to the facts within the personal knowledge of the

plaintiff who has failed to enter the witness box. This is

settled by this Court in Janki Vashdeo Bhojwani vs.

IndusInd Bank Ltd.12 In the recent case of Rajesh Kumar

vs Anand Kumar and Ors.,

13 a Division Bench of this Court

in which one of us (P. Mithal, J. was a member) reaffirmed

the principle that where the plaintiff refuses to testify, the

proxies cannot substitute his personal testimony on key

issues within the personal knowledge of the plaintiff. A

Power-of-Attorney holder is thus, not entitled to depose in

place of the principal.

40. In the overall facts and circumstances of the case, firstly for

the reason that the plaintiff failed to enter the witness box so

as to testify and prove her plaint case; and secondly for the

reason that the sale deed executed by the father of the minors

was repudiated by the minors within time on attaining

majority, no valid right or title stood transferred to Krishnoji

12 (2005) 2 SCC 217

13 2024 SCC OnLine SC 981

23

Rao from whom Smt. K. Neelamma had allegedly purchased

the suit land. Therefore, the suit as instituted has to fail.

41. Accordingly, the judgment and order of the High Court dated

19.03.2013 and that of the First Appellate Court dated

30.06.2005 are set aside and that of the Trial Court is

restored so as to decree the suit.

42. The appeal is allowed accordingly with no order as to costs.

.............……………………………….. J.

(PANKAJ MITHAL)

.............……………………………….. J.

(PRASANNA B. VARALE)

NEW DELHI;

OCTOBER 07, 2025.