BALBIR SINGH Vs. RAJESH KUMAR BAKSHI

JUDGEMENT

(1.) The instant Second Appeal has been preferred by the Defendants to challenge the judgment and decree passed by the first appellate Court setting aside the judgment and decree passed by the trial Court. The trial Court had dismissed the Plaintiffs' suit and thus while allowing the first appeal the learned first appellate Court has decreed the Plaintiffs' suit.

(2.) The Plaintiffs/Respondents No. 1 and 2 preferred a suit for declaration that the sale-deed dated 27-03-1981 and 16-12-1983 executed by the Defendant No. 2 Balmukund Bakshi in favour of Defendant No. 1 Balveer Singh and Defendant No. 3 Dilip Singh to be not binding upon them and that the possession of the suit property be delivered to them.

(3.) The Plaintiffs' case, in short, was that the Defendant No. 2 is their father and they are governed by the Meetakshara branch of Hindu Law. They are members of joint Hindu Family and their father had received 92.36 acres of land in the year 1953 in partition from his brother Khusheshwari Prasad. Out of these 92.36 acres their father executed a sale-deed for 86.47 acres without any authority and legal necessity in favour of the other Defendants challenging which another Civil Suit has been filed by them. It was stated by the Plaintiffs that their father was in the habit consuming liquor and had other vices and is disposing of the ancestral property 1 without any legal necessity compelling them to issue public notice in the newspapers on 17th March, 1977 and again on 03-07-1981 however in spite of pendency of earlier suit and issuance of newspaper publication and knowing fully well that the Plaintiffs have also got their share in the ancestral property, the Defendants No. 1 and 3 have purchased the property by sale-deeds dated 27-03-1981 and 16-12-1983 which are illegal and not binding on them.