MALTI BAI Vs. KHILONA BAHU

JUDGEMENT

(1.) THIS appeal by the plaintiff was admitted by a Bench of this Court on the following substantial questions of law : -

(2.) THEREAFTER , following additional substantial questions of law were framed : -

(3.) THE plaintiff filed a suit, inter alia, on the ground that plaintiff, defendant Nos. 1, 2 and 4 are the members of joint family. The suit lands admeasuring 0. 405 and 0.404 hectares of Khasra Nos. 68/2 and 68/3 were purchased 'Benami' vide registered sale deed dated 20 -6 -1969 from the funds of joint family. However, in the revenue records the name of defendant No. 1 alone was recorded. The plaintiff from her husband's income and from her 'stridhan' purchased a land in Village Raheli, which was situated adjacent to the land bearing Khasra Nos. 69/2 and 69/4, i. e., the land belonging to joint family of which Ratanlal was the 'Karta'. The plaintiff in order to have one consolidated plot appointed Ratanlal, namely, husband of defendant No. 1, to be her attorney and authorised him to sell her land. In pursuance of aforesaid authority Ratanlal sold the land admeasuring 0.607 hectares of Khasra No. 48/6 for a consideration of Rs. 7000/ - vide registered sale deed dated 7 -4 -1985 (Exh. P -1) to one Bhagawandas. However, the sale consideration was not paid to plaintiff.