RAM JIWAN Vs. HEERA LAL

JUDGEMENT

(1.) THIS is a defendant's appeal and has been directed against the judgment and decree dated 24.8.2000, passed by the Addl. Distt. Judge, Rewari, who affirmed the judgment and decree dated 7.1.2000 passed by the Civil Judge (Jr. Division), Rewari, who decreed the suit of the plaintiff- respondents by giving a declaration that the sale deed dated 1.8.1989, which was executed by Heera Lal in favour of the present appellants is void and not binding upon the rights of the plaintiffs, who admittedly are co-sharers in the joint property.

(2.) THE brief facts of the case are that Amarjit Singh and Ajit Singh, minor sons of Heera Lal, through their guardian Kaushliya filed a suit for declaration against Ram Jiwam, Smt. Dakha and Heera Lal, seeking a declaration that the sale deed dated 1.8.1989 executed by Heera Lal in favour of defendants 1 and 2 is illegal as the same has been executed without any legal necessity.

(3.) NOTICE of the suit was given to the defendants. The suit was contested by defendants 1 and 2 on the plea that defendant No. 3 was not a spend thrift person. They are bona fide purchasers for consideration. The sale has been executed for a legal necessity. Therefore, the suit is required to be dismissed.