Hindu Minority & Guardianship Act, 1956–Secs. 7 & 8(1)(2)–Limitation Act, 1963–Arts. 60 or 109–Application of relevant provision of limitation–Father, the original owner of suit property died, leaving behind two sons, four daughters and widow–Widow alienated the property–Suit for declaration and possession–View of trial Court that the sale made by de facto guardian of minor was ab initio and incapable to subsequent clarification as the defendant failed to produce evidence in regard to legal necessity–Appeal against with contending that the suit was barred by the provisions of Art. 60 of Limitation Act–Views of first appellate Court as well as High Court that the provision of Art. 109 were applicable in the instant case and not the provisions of Art. 60 –Held, view taken by appellate Courts in regard to limitation was not correct–However, first plaintiff was 20 years old on the date of institution of suit and suit was in limitation as envisaged under Sec. 7 and Art. 60.
