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2022 YLR 2293

Guardians and Wards Act ( VIII of 1890 ) — —- S.29 — Specific Relief Act ( I of 1877 ) , S.12 — Suit for specific performance of agreement to sell — Property of minor — Guardian Court , permission non – seeking of — Concurrent findings of two Courts below — Petitioners / vendees entered into agreement executed on behalf of respondent / minor through his mother regarding property owned by him — Trial Court and Lower Appellate Court dismissed suit and appeal filed by petitioners / vendees — Validity — Agreement to sell was entered into by mother of minor without seeking prior permission of Guardian Court — Such agreement was void ab initio and did not create any legal rights or liabilities in favour of petitioners / vendees and could respondent / minor — Agreement to sell executed by mother of respondent / minor in not be enforced against favour of petitioners / vendees was void and its performance could not be sought with the aid of Court by filing civil suit — Concurrent findings of facts recorded by two Courts below did not suffer from any misreading and non – reading of evidence — High Court in exercise of revisional jurisdiction under S.115 , C.P.C. could not interfere in such findings howsoever erroneous those might be — High Court declined to interfere in judgments and decrees passed by two Courts below who had rightly exercised vested jurisdiction and did not commit any illegality and irregularity while passing the same