N.K. Kapoor, J.@mdashThis order of mine shall disposed of Civil Revision Nos. 1818 & 1788 of 1992, as these are directed against the common order of Addl. Senior Sub-Judge, Fazilka dated May 28, 1992, passed u/s 8 of the Hindu Minority and Guardianship Act, (hereinafter referred to as the Act), whereby respondent has been permitted to sell the property of the minor, subject to her furnishing an indemnity bond to the tune of Rs. Five lacs and further undertaking to deposit the sale consideration in the Nationalised Bank in the name of the minor.
2.The petitioner, who is a near relation, has challenged this order of the Addl. Senior Sub-Judge, on the ground that earlier too, an application u/s 8 of the Act, to sell the land of the minor was filed in the Court of Guardian Judge, at Ferozepur, which was allowed vide order dated March 05, 1990. The Guardian Judge, vide order dated March 05, 1990, allowed the respondent to sell the land of the minor on the following terms :
"(a) She shall not sell the land situated at Abohar, belonging to the minor, for less than Rs. 90,000/- per killa and that at Ganiuana Hasta for not less than Rs. 60,000/-.
(b) She shall sell the land within 3 months of this order and shall deposit the sale proceeds in any of the Nationalised Banks with in 15 days of the sale and shall deposit the pass book in the Court within next one week.
(c) She shall furnish indemnity bond in the sum of Rs. 1,50,000/-.
For the reasons best known to the respondent, she did not sell the property despite the permission granted by the Court and once again filed the present application seeking permission of the Court to affect sale of the property of the minor. In the present application, the respondent made averments to the effect that land at Abohar can be sold at the rate of Rs. 20,000/- per acre whereas, land situate at Village Ganjuana Hasta can be sold at the rate of Rs. 9000/- per acre. According to the respondent this was handsome price in the present circumstances.
3. Petitioner who is none other than the brother of the father of the minor whose land is to be sold has made categoric assertion to the effect that the respondent has entered into three separate agreements for sale of the property of the minor ''Amit'' i.e. an agreement with Dr. Piarey Lal at the rate of Rs. 1,20,000/- per acre; with Surjeet Singh at the rate of Rs. 90,000/- per acre; and with Dalip Singh at the rate of Rs. 70,000/- per acre. This is in respect of the property situate at Abohar. Similarly, land situate at Village Ganjuana only recently has been sold at the rate of Rs. 20,000/- per acre. This way, the learned Counsel urged that even if the permission is to be granted by the Court, the same should be granted keeping in view the price at which the agreements have already been executed by the respondent in favour of persons named above.
4. Counsel for the respondent when confronted with the alleged agreements which are stated to have been executed by the respondent, had no clear answer and ultimately conceded that permission be granted to sell the property of the minor at the rates as given by the Counsel for the petitioner. I also feel that this would be just and, proper in the circumstances of the case. Accordingly, I accept the revision petition and modify the order of the Addl. Senior SubJudge dated May 28, 1992, and allow the respondent to sell the property situate at Abohar at the rates as already agreed vide agreements executed by her in February, 1992 (mentioned by the Counsel for the respondent). The sale proceeds be deposited in any Nationalished Bank in the name of the minor, as a fixed deposit receipt for a sum of Rs. 1,50,000/- for a term, which may yield maximum rate of interest. On the expiry of the fixed deposit receipt, the same shall be renewed including the interest which had accrued thereupon, for such period/periods till the minor attains majority. The remaining amount out of the sale proceed which would be approximately Rs. 70,000/- or odd, will also be deposited in a Nationalised Bank in the name of the minor for a fixed period. The respondent shall be entitled to draw the interest accuring upon this amount and is permitted to utilise the same in bringing him up or otherwise utilising for his welfare. However, the respondent before selling the properties of the minor at Abohar and Ganjuana will furnish an indemnity bond for a sum of Rs. 3 lacs. With these observations, both the revision petitions are disposed of accordingly.
