LALTA DEVI Vs. BASDEO

JUDGEMENT

(1.) THIS second appeal arises out of a suit for a declaration that the sale deed dated 18-7-1963 purporting to have been executed by Surya Bali, the defendant No. 6, in favour of the defendants Nos. 4 and 5 was illegal, void and not binding on the plaintiffs to the extent that it related to the property in suit. The plaintiffs also claimed permanent injunction restraining the defendants Nos. 1 to 5 from interfering in any way with their possession over the property in dispute. In brief, the facts are that the defendant No. 7, the wife of Surya Bali, who was the defendant No. 6, effected certain transfers in favour of the plaintiffs by different sale deeds of certain properties whose details have been given in the various lists attached to the plaint. Subsequently, Surya Bali, the husband of the defendant No. 7, executed the impugned sale deed dated 18th July, 1963 with respect to a part of the properties involved in the suit. The plaintiffs' claim was that the real Surya Bali had not executed the said sale deed but it had been executed by an imposter. It was also pleaded that the sale deeds executed by the defendant No. 7 had been earlier executed by her in favour of the plaintifJs for the benefit of the joint family including the minors therein and, therefore, the subsequent sale deed by Surya Bali was ineffective and void.

(2.) THE defence was that the real Surya Bali had executed the impugned sale deed dated 18th July, 1963 and that it was a valid document and the earlier sale deeds executed by the wife of Surya Bali were ineffective as she had no right or title to execute the documents in the presence of her husband who was the head and karta of the family.

(3.) THE appeal accordingly fails and is dismissed. In the circumstances, there will be no order as to costs. Appeal dismissed.