Case: Radhakrishnadas Vs. Kaluram

purpose for which the transaction has been entered into. A manager does not cease to be a manager merely because in the transaction entered into by him a junior member of the family, who was a major or believed to be a major, also joined. It is not unusual for alienees to require major members of the family to join in transactions entered into by managers for ensuring that later on no objections to the transaction are raised by such persons. Further, such circumstance is relevant for being considered by the Court whikle determining the existence of legal necessity for such a transaction. But that is all. Here we find that Gorelal acted not merely for himself but also expressly for his minor son appellant No. 2. The money was required partly for paying antecedent debts, party for paying public demands, partly for paying other creditors and partly for performing the marriages of appellant No. 1 and the bnlatters sister Ramjibai. It is thus clear that Rs. 45,000 out of the consideration of Rs. 50,000 were required for the purposes of the family. Even where such a transaction has been entered into solely by a manager it would be deemed to be on behalf of the family and binding on it. The position is not worsened by the fact that a junior member joins in the transaction and certainly not so when the joining in by such junior member proves abortive by reason of the fact that that member has no capacity to enter into the transaction because of his minority. In this connection we may make a mention of three decisions Gharib Ullah v. Khalak Singh, (1903) ILR 25 All 407 at p. 415 (PC); Kanti Chunder Goswami v. Bisheswar Goswami, (1898) ILR 25Cal 585 (FB) ; Bijraj Nopani v. Pura Sundary Dasee, ILR 42 Cal 56: (AIR 1914 PC 92), each of which proceds upon the principle that if one of the executants to a sale-deed or mortgage-deed has the capacity to bind the whole estate, the transaction will bind the interest of all persons who have interest in that estate.7. We have, therefore, no doubt that the second contention of Mr. Sinha is equally devoid of substance.8. Lastly Mr. Sinha contended that the High Court was in error in reversing the decree of the trial Court in so far as the sir land is concerned. He has laid particular stress on the fact that the sale-deed at no place says in express terms that cultivating rights in sir land have also been transferred and said that the absence of such a recital in the sale-deed clearly entitles the alienors to retain possession of the sir land, under the exception set out in G1. (a) of S. 49 (1) of the C. P. Tencmcy Act. The relevant portion of S. 49 (1) of the Act runs thus:"A proprietor who ... . loses .. ... tender. .. . a transfer. .. . his right to occupy his sir land. . .is a proprietor, shall, at the date of such loss, become an occupancy tenant of such sir land except in the following cases:(a) when a transfer of such sir land is made by him expressly agreeing to transfer his right to cultivate such sir land,. ...."What this provision no doubt requires is an express agreement between the transferor and the transferee concerning the transfer of the cultivating rights in sir land. We have already quoted the precise language used in the document describing the interest which has been transferred under the sale-deed. The recital shows that the executant of the sale-deed not only transferred sir and khudkast lands, cultivated and uncultivated lands, but transferred these properties along with "all rights and privileges". If the intention was not to transfer the cultivating rights in sir lands the concluding words were not necessary. Each interest which has been specified in the recital is governed by the concluding words "all the rights and privileges" contained in that recital. In the absence of these words what would have passed under the sale-deed, in so far as the sir land is concerned, would have been only the proprietary interest in that land. The question is, what is the effect of the addition of these words? According to Mr. Sinha they only emphasise the fact that the entire proprietary interest in the sir land is transferred. If we accept the interpretation then these words would be rendered otiose. That would not be the right way of interpreting a formal document. To look at it in another way, where a person transfers sir lands together with "all rights and privileges" therein he transfers everything that he has in that land which must necessarily include the cultivating right. It would follow from this that where there is a transfer of this kind no kind of interest in sir land is left in that person thereafter. Mr. Sinha further said that when the statute requires that cultivating rights in sir land must be expressly transferred it makes it obligatory on the parties to say clearly in the documents that cultivating rights in the sir land have also been transferred. We see no reason for placing such an interpretation on the provisions of Cl. (a) of S. 49 (1) of the C. P. Tenancy Act. When it says that the transfer of cultivating rights in sir land has to be made expressly all that it means is that a transfer by implication will not be enough. Finally Mr. Sinhas point is that the words "all the rights and privileges" in the recital do not govern the interests specified in the clause just preceding these words but they govern the following words sixteen anna in mauza Gondkhami and twelve anna in mauza Amaldihi to Seth Kaluram, etc.. " Apart from such a construction rendering the expression meaningless it would be ungrammatical to read the expression as applying to "sixteen anna in mauza Gondkhami and twelve annas in mauza Amaldihi, etc.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The fact that that sale-deed had been executed also by his father who was the manager of the family makes the transaction binding upon him just as it is admittedly binding upon his brother, the second appellant, who was then a minor. Mr. Sinha, however, contended that the fact that the appellant No. 1 was required by the alienee, respondents 1 and 2, to join in the transaction clearly shows that Gorelal in executing the sale-deed did not and could not act for him. We cannot accept the argument. For ascertaining whether in a particular transaction the manager purports to act on behalf of the family or in his individual capacity one has to see the nature of the transaction and the purpose for which the transaction has been entered into. A manager does not cease to be a manager merely because in the transaction entered into by him a junior member of the family, who was a major or believed to be a major, also joined. It is not unusual for alienees to require major members of the family to join in transactions entered into by managers for ensuring that later on no objections to the transaction are raised by such persons. Further, such circumstance is relevant for being considered by the Court whikle determining the existence of legal necessity for such a transaction. But that is all. Here we find that Gorelal acted not merely for himself but also expressly for his minor son appellant No. 2. The money was required partly for paying antecedent debts, party for paying public demands, partly for paying other creditors and partly for performing the marriages of appellant No. 1 and the bnlatters sister Ramjibai. It is thus clear that Rs. 45,000 out of the consideration of Rs. 50,000 were required for the purposes of the family. Even where such a transaction has been entered into solely by a manager it would be deemed to be on behalf of the family and binding on it. The position is not worsened by the fact that a junior member joins in the transaction and certainly not so when the joining in by such junior member proves abortive by reason of the fact that that member has no capacity to enter into the transaction because of his minority. In this connection we may make a mention of three decisions Gharib Ullah v. Khalak Singh, (1903) ILR 25 All 407 at p. 415 (PC); Kanti Chunder Goswami v. Bisheswar Goswami, (1898) ILR 25Cal 585 (FB) ; Bijraj Nopani v. Pura Sundary Dasee, ILR 42 Cal 56: (AIR 1914 PC 92), each of which proceds upon the principle that if one of the executants to a sale-deed or mortgage-deed has the capacity to bind the whole estate, the transaction will bind the interest of all persons who have interest in that estate.7. We have, therefore, no doubt that the second contention of Mr. Sinha is equally devoid ofthis provision no doubt requires is an express agreement between the transferor and the transferee concerning the transfer of the cultivating rights in sir land. We have already quoted the precise language used in the document describing the interest which has been transferred under the sale-deed. The recital shows that the executant of the sale-deed not only transferred sir and khudkast lands, cultivated and uncultivated lands, but transferred these properties along with "all rights and privileges". If the intention was not to transfer the cultivating rights in sir lands the concluding words were not necessary. Each interest which has been specified in the recital is governed by the concluding words "all the rights and privileges" contained in that recital. In the absence of these words what would have passed under the sale-deed, in so far as the sir land is concerned, would have been only the proprietary interest in that land. The question is, what is the effect of the addition of these words? According to Mr. Sinha they only emphasise the fact that the entire proprietary interest in the sir land is transferred. If we accept the interpretation then these words would be rendered otiose. That would not be the right way of interpreting a formal document. To look at it in another way, where a person transfers sir lands together with "all rights and privileges" therein he transfers everything that he has in that land which must necessarily include the cultivating right. It would follow from this that where there is a transfer of this kind no kind of interest in sir land is left in that person thereafter. Mr. Sinha further said that when the statute requires that cultivating rights in sir land must be expressly transferred it makes it obligatory on the parties to say clearly in the documents that cultivating rights in the sir land have also been transferred. We see no reason for placing such an interpretation on the provisions of Cl. (a) of S. 49 (1) of the C. P. Tenancy Act. When it says that the transfer of cultivating rights in sir land has to be made expressly all that it means is that a transfer by implication will not be enough.