PREETAM AND ANOTHER Vs. VIRENDRA SINGH AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the defendant challenging judgment and decree dated 29.7.1997 passed by Additional District Judge, Dacia in Civil Appeal No. 7-A/93 whereby the First Appellate Court has confirmed, the judgment and decree dated 11.3.1993 passed by Second Civil Judge Class II, Datia in Civil Suit No. 84-A/92.

(2.) Brief facts of the case are that the respondent-plaintiff filed the present suit alleging that the father of defendant No. 1 Meharban Singh was the owner of the agricultural land described in para 2 of the plaint which is situated in village Badoni Khurd, Tehsil and District Datia. According to the plaintiff, the plaintiff and his father are members of joint Hindu family and the said property is coparcery property. As per the plaint allegations the property in question was owned by one Saru who died in Jan., 1956 and after his death the land devolved on his two sons i.e. Meharban Singh and Udai Singh. Udai Singh died is-suseless in the year 1960-61 and the name of Meharban Singh was recorded as bhumiswami against the said land. Meharban Singh has executed the sale deed dated 25.5.1983 in favour of defendant Nos. 2 and 3, hence plaintiff has filed the present suit alleging that the said sale deed is not binding on him as the property is coparcenery property and they have birth right in the said property and prayed for possession of the said land.

(3.) Both the Courts below concurrently found that the property in question was coparcenery property. Plaintiff were minor and the property was sold by Meharban Singh without any legal necessity. hence this appeal.