JOGINDER SINGH Vs. SITA RAM

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by defendants, in the original lis, against judgment and decree of the learned first appellate Court, reversing, though partially, judgment and decree passed by the learned Subordinate Court. Whereas, suit instituted by the plaintiffs was dismissed in its entirety by the learned Subordinate Judge, it was partly decreed in an appeal preferred by the plaintiffs by the learned first Appellate Court. The sale made by Sahi Ram, that was subject matter of challenge before the Civil Court was held invalid to the extent of 2/5th share thereof. The suit was, thus, decreed for recovery of possession of 2/5th share in the suit land.

(2.) BEFORE the contentions raised by Mr. Toor, learned counsel for the appellants, who are vendees of the sale from Sahi Ram, which became subject matter of challenge before the Civil Court, are noticed it shall be useful to extract, even though in brevity, relevant facts of the case. Sahi Ram was owner of land measuring 68 bighas, situated in village Raiwal, details whereof have been given in para 2 of the plaint. Out of the land aforesaid, Sahi Ram by virtue of registered sale deed dated December 21, 1964, sold 65 bighas of land to appellants-Joginder Singh, Banta Singh, Chand Singh and Mukand Singh sons of Gujjar Singh (here-in-after referred to as 'defendants'). On March 15, 1973, one son of Sahi Ram and two sons of Chanan Ram son of Sahi Ram, namely, Gian Chand and Sukhdev Ram, who (Chanan Ram) predeceased his father, filed a suit for declaration and possession. It was, inter alia, pleaded by them that they constituted a Joint Hindu Family along with L. Sahi Ram. The Joint Hindu Family carried on the business of money lending and for that purpose they took lands on mortgage from other villagers. The Joint Hindu Family had advanced huge amount as loan to various persons and it owned extensive properties which were ancestral and coparcenary. Sahi Ram also purchased agricultural land with the help of nucleus of the Joint Hindu Family and its income and cash. That property was also thrown into the common pool. The ancestral property included agricultural land measuring 68 bighas, details whereof, as mentioned above, have been given in para No. 2 of the plaint. It was further averred that on December 21, 1964 Sahi Ram sold 65 bighas of land to defendants through a registered sale deed. This sale was challenged on the following three grounds :-

(3.) THE pleadings of the parties gave rise to the following issues :-