DHANNALAL BRIJLAL Vs. BHAIYALAL

JUDGEMENT

(1.) THIS second appeal arises out of a suit, which the Plaintiff brought for the possession of a house sold to him. The Plaintiff purchased the house from Rajmal and this suit is filed against Rajmal as well as Rajmal's elder brother, Dhannalal.

(2.) RAJMAL did not enter any defence but his elder brother Dhannalal, has resisted the suit on the ground that the house in question was joint family property, that he as the elder brother was the Karta of the family, that his younger brother Rajmal (who was a mere co -parcener) had no right to sell the house.

(3.) THE case really turns upon the determination of the question as to what importance is to be attached to the attestation and later on to the identification by Dhannalal at the time of the sale of the house.