LAKHAN LAL Vs. SITARAM

JUDGEMENT

(1.) This appeal is by the defendant which was admitted by the Bench of this Court on the following substantial questions of law:--

(2.) The defendant No. 1 filed written statement in which inter alia, it was pleaded that the plaintiff and defendant No. 1 are the real brothers and their father and uncle were Kamlapath and Chhakilal respectively. It was further pleaded that the suit lands belong to joint family. Since Kamlapath and Chhakilal were in need of the loan, therefore, they mortgaged the land with Nathua. On payment of mortgage money, the sale deed was executed, in which the name of plaintiff alone was mentioned. Chhakilal, who was issueless, sold his share in the land to the defendant No. 1. It was further pleaded that on the date of execution of the sale deed dated 14-6-1956 (Exh. P-1) the plaintiff was minor and had no source of income and the suit lands were acquired from the funds of the joint family.

(3.) The Trial Court vide judgment and decree dated 23-12-1995, inter alia, held that on the date of sale, i.e., 14-6-1956 the plaintiff was aged about 13 years and had no source of income and was a member of joint family, and the suit land were purchased from the funds of joint family. The Trial Court also found that after sale in the year 1956, in the revenue records the possession of the plaintiff was never recorded. It was further held that plaintiff himself admitted that Chhakilal sold the suit land to defendant No. 1 for a consideration of Rs. 2,000/-. Accordingly, it was held that the sale deed dated 20-1-1981 is not illegal. In the result, the suit filed by the plaintiff was dismissed.