- (1.) Hon. Single Judge while hearing present Second Appeal, found it difficult to agree with the law laid down by learned Single Judge in the case of Smt. Sursati Devi Vs. The Joint Director of Consolidation, Basti and others,1982 AllLJ 1473, and therefore framed the following questions of law to be answered by Division Bench of this Court : 1. Whether the Parliament with reference Entry 5 of List III (Concurrent List) could make laws applicable to protecting the interest of 'infants' and 'minors' in respect of transfer of properties other than agricultural land falling in Entry 6 of List III of the Seventh Schedule of the Constitution of India 2. Whether the provisions of (The) Hindu Minority and Guardianship Act, 1956 protecting minor's interest in sale of property by a natural guardian, except with permission of the Court, the law made in reference to the subject falling in Entry 5 (List III), is repugnant to laws relating to transfer of property of agricultural lands under U.P. Zamindari and Abolition and Land Reforms Act enacted by the State Government with reference to the subject enumerated in Entry 18 of List II (State List) of the Seventh Schedule of the Constitution of India 3. Whether there is any repugnancy in Section 8 (ii) of the Hindu Minority and Guardianship Act providing for permission of Court for sale of property of a minor by a guardian and the right to transfer the property under (The) UPZA&LR Act, 1950 enacted with reference to Entry 18 of List II (State List) of the Seventh Schedule of the Constitution of India 4. Whether the law laid down in Smt. Sursati Devi Vs. The Joint Director of Consolidation , Basti and others,1982 AllJL 1473 is a good law
(2.) The facts relevant for answering the questions so referred, are as under :
(3.) This second appeal arises out of O.S. No. 18 of 1971 filed by Satya Narain Singh aged 10 years and Mallo Singh aged 7 years, both under the guardianship of their father Rampos Singh against Ramapatti Singh and others for cancellation of the sale deed dated 31.1.1970 executed by Rampos Singh, defendant no. 4 in favour of defendant nos. 1 to 3 as guardian of his minor sons, and for restoration of possession over the property subject matter of the sale, in case it was found that the plaintiffs had been dispossessed.;