RAMESH KUMAR Vs. SIRDAR SINGH

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE respondent/plaintiff filed a suit for declaration that the sale deed executed on 3.8.1987 in favour of the appellant herein was bad to the extent of 1/2 share of the respondent/plaintiff and claimed back the possession of the said share. It was contended by the respondent/plaintiff that the suit property was purchased in the name of the plaintiff from one Gulabrani on 31.12.1979. Since the plaintiff was minor at that time, the sale deed was executed through the next friend/guardian. Half of the part of the property purchased in the name of defendant No.1, jointly with the plaintiff, was in possession of the defendant No.1. Both of them were having 1/2 share each in the said property. The said property could not be sold in the name of appellant herein by one of the share holders of the property without the consent of the others.

(3.) THE trial court framed the issues, recorded the evidence of the parties and reached to the conclusion that the defendant could not prove that the property was not purchased for the benefit of the respondent No.1/plaintiff. From the analysis of the evidence, the trial court reached to the conclusion that the respondent/plaintiff was entitled to 1/2 share in the suit property and, therefore, the sale deed so executed without the consent of the plaintiff was, held not binding on him. A decree of declaration to that effect and possession was granted by the trial court.