SUSHILA DEVI Vs. THAN SINGH

JUDGEMENT

(1.) (Oral) Ratan Singh, Jagjoyti Jain and Gulshan Jain were admittedly the co-owners of 2 bigha and 8 biswa land compromised in khasra No. 1/18, 19, 22/1-2 and 23 in village Nangloi Jat. Admittedly, vide registered sale deed dated May 16, 1972, Ratan Singh sold his undivided share in the land in favour of the remaining two co-owners i.e. Jagjoyti Jain and Gulshan Jain. Undisputedly, vide sale deed dated March 13, 1984 (Ex.P-1) Jagjoyti Jain and Gulshan Jain sold the land to Than Singh and Sanjay Kumar, both sons of late Sh.Ishwar Singh. Further, admittedly Sanjay Kumar died issueless and during his lifetime had filed Suit No.3818/1990 against the appellant praying that sale deed, Ex.DW-1/1 dated June 29, 1990 be declared null and void, alleging that the appellant had tricked him into executing the sale deed when he was a minor, which suit was dismissed in default and was never restored.

(2.) WITH the aforesaid admitted facts, it be noted that respondent No.1, Than Singh, as sole plaintiff, sued for recovery of possession of the 2 bigha and 8 biswa land alleging that on the death of his brother, Sanjay Kumar who died issueless, he became the owner of the entire land. He alleged that appellant and her husband had trespassed into the property. He sought damages at Rs.40,000/- per month. The defendants in the suit were, the appellant Sushila Devi and her husband Ramphal.

(3.) APPARENTLY, for the reason the appellant and her husband admitted that Sanjay Kumar was a minor when he executed the sale deed Ex.DW-1/1 an issue was not settled between the parties as to the effect of the plaintiff not challenging the sale deed Ex.DW-1/1.