AMIRTIIAM KUDUMBAH versus SARNAM KUDUMBAN

Citation: [1991] 2 S.C.R. 389 · Decided: 16-04-1991 · Supreme Court of India · Bench: T.K. THOMMEN · Disposal: Dismissed

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

AMIRTIIAM KUDUMBAH 
v. 
A 
SARNAM KUDUMBAN 
APRIL 16, 1991 
[DR. T. KOCHU THOMMEN AND R.M. SAHAI, JJ.] 
B 
Hindu Minority and Guardianship Act, 195~ection 8(3)-
"Any person claiming under him"-Includes purchaser of property. 
Hindu Minority and Guardianship Act, 1956-Sections 5 (b ), 8(3) 
and Section 6 of T.P, Act-Harmonious construction-Legislative 
intention of. 
C 
Hindu Minority and Guardianship Act, 1956-Sections 5(b), 8(3) 
and Section 6 of T.P. Acl--Alienation of minor's property by guardian 
without Coun's permission and without legal necessity-Suit for setting 
aside by transferee within three years of minor's attaining majority-
D 
Maintainability of 
The appellant purchased the suit property of the minor from a 
person, to whom the same was sold by the father, the natural guardian, 
whereas the respondent purchased the suit-property from the minor 
within three years on his attaining majority. 
E 
The respondent-plaintiff instituted a suit against the appellant-
defendant, to set aside the transfer of property made by the natural 
guardian and for recovery of possession of property. 
The suit was decreed and the decree was confirmed by the appel-
F 
late Court as well as by the High Court. 
Dismissing the second appeal, the High Court held that the suit 
instituted by the respondent as a transferee from the ex-minor within 
three years after the minor attained majority was not hit by section 6(e) 
of the Transfer of Property Act, 1882, against which the present appeal G 
preferred by the appellant-defendant. 
The appellant contended that the suit was bit by section 6(e) ofthe 
Transfer of Property Act, as all that the ex-minor was in a position to 
transfer was the mere right to sue to set aside the sale and recover 
possession of the property transferred by the natural gnardlan; and 
H 
389 
390 
SUPREME COURT REPORTS 
[ 1991] 2 S.C.R. 
A 
that a person claiming under a minor, referred to in sectliln 8(3) of the 
Hindn Minority and Guardianship Act, 1956 can only be a legal rel>' 
resentative of a deceased minor and not a person succeeding to the 
interests ofthe minor by reason of transfer inter vivas. 
The contentions of the respondent were that the ex-minor was 
B 
competent to bring a snit to set aside the sale within a period of three 
years of bis i.ttaining majority and any person claiming under the 
minor was equally competent to institnte action for the same pnrpose; 
that the suit to set aside a sale was not for the enforcement of any 
personal right, but a right in property and the snit was not bit by 
Section 6(e) of the T .P. Act; and that the provisions contained in Section 
C 
6 of the T .P. Act and Section 8 of the Gnardianship Act were to be read 
together. 
On the qnestion, whether the respondent in bis capacity as a 
transferee from the ex-minor was competent to bring a snit to set aside 
the sale effected by the minor's gnardian, who bad sold the property 
D without obtaining the permission of the Court as required under Section 
8 of the Hindn Minority and Guardianship Act 1956 and withont any 
legal necessity. 
Dismissing the appeal of the appellant-defendant this Conrt, 
E 
HELD: 1. Jn the instant case, on the facts found, the transfer of 
the property made by the guradlan was a voidable transaction and it 
was, therefore, open to the minor to cballenge it and seek recovery of 
possession. Sncb a right of the minor is a right or interest in property 
which be himself or "any person claiming under him" may enforce by 
institnting a snit (Section 8(3) of the Gnardiansbip Act). "Any person 
F 
daiming under him" mnst necessarily include a purchaser. [396G-397 A] 
2. Section 8(3) confers a right of snit in the special circnmstances 
postnlated therein. The object of the Act being the protection of the 
minor, the legislatnre bas thongbt it fit to confer a right of snit in 
certain circmnstances not only on the minor, but also on a person to 
G 
whom the minor bas transferred bis rights. (397 A-BI 
3. The right transferred is an interest in property which is CBI>' 
able of eiiforcement at the instance of the transferee as it was at the 
instance of the ex-minor prior to the transfer. Such a provision, 
intended specially for the protection of the interests of the minor, must 
H 
be read in harmony and consistently with the general provisions con-
'.· 
"' . 
A. KUDUMBAH v. S. KUDUMBAN [THOMMEN, J.] 
39i 
tainedinsection6oftbeT.P. Act. [397B-C] 
4. A construction which is unduly restricti

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