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Judgment
Satyanarayana Rao, J.—The decision of the lower Court is correct. The Pull Bench in Hussain Sahib v. Ayesha Bibi, I. L. K. (1941) Mad.
775 : A. I. R. 1911 Mad. 431 decided that a quondam minor impeaching an alienation made by a certificated guardian without sanction of the
Court is bound to sue to set aside the sale. This is not a case where the minor avoided the transaction by anything done before suit. He chose the
institution of the suit as the only mode of avoidance and he is bound to include in the plaint a prayer for setting aside the transaction. The fact that
the sanction is impeached on the ground of fraud and collusion would not make any difference. It would utmost be in the event of fraud being
established in a case where no sanction was obtained for the transfer. The view taken by the lower Court regarding the transaction is correct, The
minor was a party to the decree through a guardian. He is, therefore, bound to sue to set aside the decree, and the court-fee directed to be paid
u/s 7(iv-A), Court fees Act. The civil revision petition is dismissed with coats.