MADAN GOPAL Vs. KIRPAL SINGH AND ORS

JUDGEMENT

(1.) Plaintiff Madan Gopal has filed the instant second appeal having lost in both the courts below.

(2.) Appellant filed suit against Jai Kaur defendant (since deceased and represented by respondents as her legal representatives). Plaintiff and his brothers Puran Chand and Sadhu Ram were owners in possession of the suit property i.e. 97 kanals 16 marlas and a house in equal shares. Plaintiff was aged 10 years in the year 1953 and was, thus, minor. Plaintiffs brothers Puran Chand and Sadhu Ram sold entire suit property including the share of the plaintiff who was then minor to the husband of defendant vide registered sale deed dated 21.8.1953. The plaintiff in the suit challenged the said sale deed alleging that the sale deed qua share of the plaintiff who was then minor was executed by his brother without sanction from the Guardian Court. The plaintiff learnt of the said sale deed on 15.1.2003 only when Mahinder Singh, Gurnam Singh and Chandi Ram contacted the plaintiff for purchase of his share in Shamlat Patti. The plaintiff accordingly sought declaration that he is owner to the extent of 1/3rd share in the suit property. The plaintiff also sought relief of possession of the suit property.

(3.) Defendant in her written statement controverted the plaint allegations. It was pleaded that plaintiffs brother Puran Chand executed the sale deed for himself as well as being guardian of the minor plaintiff and also as Karta of Joint Hindu Family. The suit was claimed to be time barred. The defendant also alleged that she has become owner of the suit property by adverse possession. Various other pleas were also raised.