Law:

Section:

(a) Transfer of Property Act (IV of 1882)----.----S.54---Suit for possession ---Factum of sale---Proof----Mutation of sale had proved sale transaction by plaintiff to vendee (defendant)---Defendant in his statement before Court had stated that he had purchased land in question through registered sale-deed for consideration and that possession had also been delivered to him as result of such sale---Entries in Revenue Record showed that plaintiff was never in possession of land in question from the date of sale transaction--­Copies of Revenue Record showed that from the time of sale transaction in 1929 till filing of suit in 1966, defendants were in possession of land in question as owners on basis of sale---Sale transaction, thus, stood proved in circumstances. (b) Contract Act (IX of 1872)--- ----S.11---Civil Procedure Code (V of 1908), O.XLI, R.31, O.XIV. R.1 & S.100---Plaintiff claimed to be minor at the time of impugned sale transaction--­Trial Court had failed to frame issue yet it maintained that plaintiff had failed to prove that he was minor at the time of sale transaction---First Appellate Court had acted illegally in not giving decision regarding age of plaintiff at the time of sale---Non-framing of specific issue on question of plaintiff's age was although irregularity, yet the same stood cured by the fact that both parties being conscious of such controversy had consciously led their entire evidence keeping in view factum of lis and whole of evidence in that regard was available on record, therefore, there was no necessity to go into exercise of framing of fresh issue and of holding trial de novo---High Court on thorough examination of evidence on record found that s of both the Courts below suffered from non-reading of evidence for nothing had been said about conceding written statement of defendant (vendee from plaintiff)---Evidence on record, however, clearly indicated that plaintiff was minor at the time when alleged transaction of sale was effected---Provision of S.11,. Contract Act, 1872, would make minor incompetent to enter into any contract, therefore, contract by minor was void ab initio and not merely voidable ---Such contract would…

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