out, when the sale deed executed by the Manager is binding upon
all the adult members of the family and as such Ex.B2 sale deed
executed by the first defendant is binding upon the plaintiffs
and even assuming for the sake of arguments, the plaintiffs
were unaware of the contents of Ex.B2 sale deed at the time
when they had attested the same, however, they having come to
know about the true nature of the said sale deed two months
after the execution of the same, as rightly contended by the
third defendant's counsel, the plaintiffs should have
endeavoured to take appropriate steps in accordance with the law
to annul the said document in the manner known to law and when
the plaintiffs have not initiated any action pertaining to the
same by issuing a complaint or notice and furthermore, in the
plaint, they having also not claimed any relief for setting
aside the sale deed Ex.B2 as per law, their claim of share in
the first item of the suit properties by way of the present suit
on the only footing that their signatures had been obtained in
the sale deed Ex.B2 without disclosing the contents of the same,
as such, cannot be countenanced. When the sale effected by the
father equally is binding upon the plaintiffs as above pointed
out and when there is no material to hold that on the part of
the plaintiffs or on the part of the defendants 1 & 2 that they
still continue to exercise right over the first item of the suit
properties, after Ex.B2 sale transaction, to say that even after
the execution of Ex.B2 sale deed, the first defendant has been
enjoying the suit properties as the family manager, as such,
cannot be accepted in any manner. When as above
pointed out, the sale transaction effected by the family
manager, even assuming that the same had been executed without
the knowledge of the other family members, the same would only
be a voidable transaction and not a void transaction and when it
is noted that till date, the said sale deed had not been set
aside or cancelled as per law, it is deemed to be valid and
binding upon the plaintiffs as well as the defendants 1 & 2 and
therefore, the abovesaid aspects having not been taken into
consideration by the Courts below, the judgment and decree of
the Courts below granting shares to the plaintiffs qua the first
item of the suit properties cannot be sustained as per law.
Therefore, the judgment and decree of the Courts below allotting
the share of the plaintiffs in the first item of the suit
properties are liable to be set aside.
