DULI CHAND Vs. MAHABIR

JUDGEMENT

(1.) THIS is defendant's appeal and has been directed against the judgment and decree dated 8.12.1999 passed by the Court of Additional District Judge, Faridabad who affirmed the judgment and decree dated 6.3.1999 passed by the Court of Addl. Civil Judge (Sr. Division) who decreed the suit in favour of the plaintiff and against the present defendant-appellant with costs and the declaration was granted in favour of the plaintiff that lease deed dated 25.6.1987 qua suit land, is illegal, void and is not binding on the rights of the plaintiffs and the same was set aside. Consequential relief was also given in favour of the plaintiffs by way of passing a decree of possession of the suit land.

(2.) SOME facts can be noticed in the following manner. A lease deed dated 25.6.1987 was executed by Shri Rajpal Singh in favour of Shri Duli Chand for a period of 99 years. The challenge was given by the plaintiffs to this lease deed on the plea that the property measuring 8 kanals in the hands of Shri Raj Pal Singh was ancestral/co-parcenary and Shri Rajpal Singh was a man of questionable habits and he had no legal necessity to transfer the property by way of lease.

(3.) THE contest was given to the suit by the present defendant-appellant on the plea that the property is not ancestral and that there was an act of good management on the part of defendant No. 2 when he executed the lease deed.