Burden is Heavy on the Plaintiff When Challenged Sale of Property : Supreme Court

The Supreme Court, in a significant judgment delivered, dismissed the civil appeal in the case of Bani Amrit Kaur versus State of Haryana and Others, reinforcing the principles of bona fide transactions and legal maturity.

In a landmark decision, the bench comprising Justices Vikram Nath and Rajesh Bindal upheld the High Court’s judgment, which had reversed the lower courts’ decrees setting aside a sale deed executed by a minor’s father. The Supreme Court, in its observation, stated, “The burden in such cases is heavy on the plaintiff who seeks to challenge the sale transaction entered into 16 years back.”

The case revolved around a disputed land transaction initially made by the appellant’s father, acting as a guardian for his minor son. The suit filed by the predecessor-in-interest of the appellant, late Sukhjit Singh, contested the first sale deed on the grounds that it was executed without court permission as required under Section 8 of the unspecified Act.

A pivotal point in the case was the age of Sukhjit Singh at the time of the sale. The appellant’s counsel argued that the High Court erroneously determined Singh’s age based solely on oral evidence. They highlighted a certificate from Doon School to assert Singh’s date of birth as 16.08.1951, which, if considered, would render the suit filed within the legal time frame post attaining majority.

The State’s defense highlighted the bona fide nature of its purchase, suggesting the land sale was for the welfare of the child, providing funds for education. The Supreme Court, in its judgment, noted, “Even otherwise, from the certificate produced by the plaintiff on record showing that he was studying in Doon School, Dehradun would clearly establish that the property may have been sold for need and welfare of the child.”

The Supreme Court’s dismissal of the appeal emphasizes the importance of evidentiary standards in challenging long-standing transactions and underscores the legal protections afforded to bona fide purchasers. The ruling is a significant affirmation of the principles governing transactions involving minors and the responsibility of guardians in managing their assets.

Date of Decision: 30th November 2023

BANI AMRIT KAUR VS STATE OF HARYANA AND OTHERS