ORDER 1. THE PLAINTIFF-RESPONDENT 1 RUDREGOWDA FILED A SUIT FOR DECLARATION THAT THE SALE MADE BY HIS MOTHER KALAMMA (RESPONDENT 2 HEREIN) ON 5-8-1974 IN FAVOUR OF DEFENDANT-APPELLANT B. BASAPPA, WAS NULL AND VOID AND NOT BINDING ON THE PLAINTIFF ON THE GROUND THAT THE SUIT PROPERTY BELONGED TO JOINT HINDU FAMILY AND THE SALE MADE BY HIS MOTHER WAS WITHOUT LEGAL NECESSITY. IN ADDITION TO THE DECLARATION, THE PLAINTIFF SOUGHT THE RELIEF OF POSSESSION OF THE SUIT PROPERTY ALONG WITH MESNE PROFITS. 2. THE SUIT WAS RESISTED BY THE DEFENDANT-APPELLANT (B. BASAPPA), INTER ALIA, ON THE GROUND THAT THE SUIT PROPERTY WAS NOT ANCESTRAL AND THE SALE HAD BEEN EFFECTED FOR LEGAL NECESSITY AS THE FAMILY OF THE PLAINTIFF-RESPONDENT AND HIS MOTHER WERE IN FINANCIAL DIFFICULTIES AFTER THE DEATH OF THE PLAINTIFFS FATHER. ON THE BASIS OF THE PLEADINGS OF THE PARTIES ISSUES WERE FRAMED. THE TRIAL COURT HELD THAT THE SUIT PROPERTY WAS NOT ANCESTRAL. SALE MADE BY KALAMMA (RESPONDENT 2) IN FAVOUR OF THE APPELLANT-DEFENDANT WAS UPHELD AND THE SUIT WAS DISMISSED. 3. APPEAL FILED BY THE PLAINTIFF-RESPONDENT WAS DISMISSED BY THE FIRST APPELLATE COURT AND THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT WAS AFFIRMED. 4. THE PLAINTIFF-RESPONDENT BEING AGGRIEVED BY THE ORDERS PASSED BY THE COURTS BELOW PREFERRED SECOND APPEAL IN THE HIGH COURT IN WHICH THE A FOLLOWING QUESTION OF LAW WAS FRAMED: "WHETHER THE COURTS BELOW WERE JUSTIFIED IN HOLDING THAT THE SUIT SCHEDULE PROPERTY WAS NOT ANCESTRAL JOINT FAMILY PROPERTY OF THE PLAINTIFF?" 5. THE HIGH COURT WITHOUT GIVING ANY REASONS WHATSOEVER HAS SET ASIDE THE FINDINGS RECORDED BY THE TRIAL COURT AND THE FIRST APPELLATE COURT REGARDING THE NATURE OF THE PROPERTY BY OBSERVING THUS: " ... THE TRIAL COURT WRONGLY NOTED THAT THE PROPERTY DOES NOT BELONG TO THE FAMILY AND DISMISSED THE SUIT AND THE APPELLATE COURT BLINDLY CONFIRMED THE SAME." AFTER MAKING THIS OBSERVATION, THE HIGH COURT PROCEEDED TO DECIDE THE OTHER QUESTIONS ON MERITS OF THE DISPUTE. ONE OF THE GROUNDS ON WHICH THE SALE MADE BY DEFENDANT-RESPONDENT 2 HAS BEEN SET ASIDE IS THAT THE PLAINTIFF WAS A MINOR AND HIS PROPERTY COULD NOT BE SOLD WITHOUT TAKING SANCTION FROM THE COURT UNDER SECTION 8 OF THE HINDU MINORITY AND GUARDIANSHIP ACT (FOR SHORT "THE ACT"). ONE OF THE GROUNDS ON WHICH THE SALE MADE BY DEFENDANT-RESPONDENT 2 HAS BEEN SET ASIDE IS THAT THE PLAINTIFF WAS A MINOR AND HIS PROPERTY COULD NOT BE SOLD WITHOUT TAKING SANCTION FROM THE COURT UNDER SECTION 8 OF THE HINDU MINORITY AND GUARDIANSHIP ACT (FOR SHORT "THE ACT"). SINCE THE SALE WAS EFFECTED WITHOUT TAKING SANCTION FROM THE COURT UNDER SECTION 8, THE SAME WAS BAD IN LAW AND NOT BINDING ON THE PLAINTIFF RESPONDENT. NO ISSUE WAS FRAMED AS TO WHETHER THE PLAINTIFF WAS A MINOR. THE LACK OF SANCTION UNDER SECTION 8 WAS NOT A GROUND TAKEN BY THE PLAINTIFF-RESPONDENT EITHER IN THE PLAINT OR IN ANY OF THE COURTS BELOW. NO ISSUE WAS FRAMED ON THIS POINT AS WELL. 6. WE ARE NOT SATISFIED WITH THE MANNER IN WHICH THE HIGH COURT HAS REVERSED THE FINDINGS RECORDED BY THE COURTS BELOW REGARDING THE NATURE OF THE PROPERTY I.E. BEING ANCESTRAL OR SELF-ACQUIRED. WE ARE ALSO NOT IMPRESSED WITH THE REASONING ADOPTED BY THE HIGH COURT IN REVERSING THE FINDINGS RECORDED BY THE COURTS BELOW ON MERITS AS WELL. THE HIGH COURT HAS GIVEN ITS CONCLUSIONS WITHOUT RECORDING ANY REASONS FOR COMING TO THE CONCLUSIONS ARRIVED AT. THE HIGH COURT HAS BASED ITS CONCLUSIONS ON CERTAIN ASSUMED FACTS WHICH WERE NOT REFLECTED IN EITHER OF THE ORDERS PASSED BY THE COURTS BELOW. THE HIGH COURT HAS NOT DEALT WITH THE CASE IN A SATISFACTORY MANNER. WE ARE INCLINED TO REMIT THE MATTER BACK TO THE HIGH COURT FOR A FRESH DISPOSAL IN ACCORDANCE WITH LAW. 7. FOR THE REASONS STATED ABOVE, THIS APPEAL IS ACCEPTED. THE IMPUGNED ORDER IS SET ASIDE AND THE CASE IS REMITTED BACK TO THE HIGH COURT FOR A FRESH DECISION ON THE QUESTION OF LAW FRAMED IN ACCORDANCE WITH LAW. 8. NOTHING STATED IN THIS ORDER BE TAKEN AS AN EXPRESSION OF OPINION AND THE HIGH COURT SHALL DECIDE THE APPEAL ON ITS OWN MERITS WITHOUT BEING INFLUENCED BY ANY OF THE OBSERVATIONS MADE HEREIN.