BANI AMRIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The successor-in-interest of the plaintiff is before this Court challenging the judgment and decree(Judgement and decree dtd. 8/10/2004) of the High Court(Punjab and Haryana High Court at Chandigarh) in Second Appeal.(Regular Second Appeal No. 1584 of 1980) Vide aforesaid judgment, the judgments and decrees of the courts below were reversed.

(2.) The predecessor-in-interest of the appellant- Sukhjit Singh (deceased) filed a Suit(Suit No. 345 of 1978) challenging the first sale deed(First sale deed dtd. 28/9/1956), which was got registered by his father-Gurinder Singh (now deceased). The first sale deed was registered for the land measuring 166 kanals and 15 marlas in favour of Harjit Singh, who subsequently sold 118 kanals and 06 marlas to the State of Punjab (now falling in the State of Haryana), vide second registered sale deed(Second sale deed dtd. 1/3/1958) for total consideration of Rs.14,784.00 . The balance land was transferred by Harjit Singh in favour of his mother, namely, Smt. Davinder Kaur. The possession of the land was delivered to the buyers.

(3.) Challenging the first sale deed, the predecessor-in-interest of the appellant filed a Civil Suit on 3/10/1972 on the plea that his father sold the land when he was minor without taking permission of the Court in terms of Sec. 8 of the Act.(The Hindu Minority and Guardianship Act, 1956) The same was not for need and welfare of the minor as nothing is stated therein. Harjit Singh, first buyer of the land from late-Gurinder Singh, did not contest the litigation as he had already transferred the land in favour of the State and his mother. The Trial Court(Sub Judge II Class, Karnal) decreed the suit. The first Appellate Court(Additional District Judge, Karnal) upheld the judgment and decree of the Trial Court, however the High Court in Second Appeal reversed the judgments and decrees of the courts below.