Supreme Court of India · 1991-04-16
AMIRTHAM KUDUMBAH vs SARNAM KUMDUMBAN
- Citation / case number
- SC 1977/61773
- Court
- Supreme Court of India
- Petitioner
- AMIRTHAM KUDUMBAH
- Respondent
- SARNAM KUMDUMBAN
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that under Section 8(3) of the Hindu Minority and Guardianship Act, 1956, a minor has the right to challenge a voidable transaction made by their guardian without court permission. The Court ruled that the respondent, as a transferee from the ex-minor, was competent to bring a suit to set aside the sale, which was not barred by Section 6(e) of the Transfer of Property Act, 1882. The appeal by the appellant-defendant was dismissed, affirming the lower courts' decrees in favor of the respondent.