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Judgment
Ilesh J. Vora, J
In this appeal under section 47 of the Guardians and Wards Act read with section 96 of the Code of Civil Procedure, 1908 (the Code for short), the appellant has assailed the judgment and order dated 21.06.2019 passed by the learned 2nd Additional District Judge, Deesa, District: Banaskantha in Civil Misc. Application No.39 of 2018 by which the application under section 29 of the Guardians and Wards Act for permission to sell undivided share of the minors appellants no.2 to 6 was rejected.
Heard learned counsel Mr. Ankit Bachani appearing for and behalf of the appellant.
Mr. Ankit Bachani has submitted that the impugned judgement is contrary to the settled position of law, facts and evidence on record. He further submitted that the Court below could have allowed the permission to sell subject to reasonable conditions so as to protect the interest of the minor. Thus, in this context, referring to section 12 of the Guardians and Wards Act and ratio laid down in the case of Sankhala (Mali) Kantaben Bharatbhai vs. Rabari Panchalbhai, AIR 2020 SC 205, it was submitted by learned counsel Mr. Ankit Bachani that no permission is required to sell the undivided share of the minors in an agricultural land.
Having heard the learned counsel for the petitioner and on perusal of the impugned judgement, this Court is of the considered view that, the learned Single Judge of this Court in the case of Sankhala (Mali) Kantaben Bharatbhai (supra), has categorically observed that in the case of an undivided share of a minor in joint family property, no permission of Court would be necessary. In the facts of the present case, leave was sought by the mother of the minors and father has already expired. The case is covered by the judgement of the learned Single Judge as referred above and therefore, without much discussion, the impugned judgment and order dated 21.06.2019 passed by the learned 2nd Additional District Judge, Deesa, District: Banaskantha in Civil Misc. Application No.39 of 2018 is quashed and set aside. The appellant is permitted to sell the undivided share of minors appellants No.2 to 6 in the agricultural land.
With the aforesaid, the appeal is allowed.