K. S. Shivappa Vs Smt. K. Neelamma (Supreme Court of India)
Minor’s Subsequent Sale Itself Amounts to Repudiation of Guardian’s Unauthorized Transfer-Filing of Suit Not Mandatory – Rules Supreme Court; Minor Can Repudiate Guardian’s Voidable Sale by Conduct-No Need to File Separate Suit.
Key Issue
Whether a minor, upon attaining majority, must necessarily file a suit to set aside a sale deed executed by his natural guardian without court permission, or whether the transaction can be repudiated by conduct within limitation.
Facts in Brief
- Mahadevappa owned two plots (Nos. 56 & 57).
- These were purchased in 1971 by Rudrappa in the names of his three minor sons.
- Rudrappa, as natural guardian, sold both plots without court permission – plot No. 56 to S.I. Bidari (later to B.T. Jayadevamma) & plot No. 57 to Krishnoji Rao (later to Smt. K. Neelamma).
- On attaining majority, the surviving minors sold both plots to K.S. Shivappa in 1989, effectively repudiating the earlier guardian’s transfers.
- Both buyers (Jayadevamma & Neelamma) filed suits claiming ownership.
Earlier outcomes:
- In the case of plot 56, the High Court held in Shivappa’s favour – sale by minors amounted to valid repudiation.
- For plot 57, however, the High Court held in favour of Neelamma – reasoning that since the minors hadn’t filed a suit to cancel the earlier sale, the guardian’s transfer had attained finality.
Supreme Court’s Findings
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