SUKHBIR Vs. MANOHAR LAL AND ORS

JUDGEMENT

(1.) Plaintiff No. 1 Sukhbir is in second appeal after both the plaintiffs (appellant and proforma respondent No. 4) remained unsuccessful in both the courts below.

(2.) Plaintiffs are sons of Manohar Lal defendant-respondent No. 1. Plaintiffs challenged sale deed dated 28.6.2002 regarding 6 kanal 10 marlas land in suit and sale deed dated 5.7.2002 regarding 32 kanals 6 marlas land in suit by defendant No. 1 in favour of defendants No. 2 and 3 alleging that aforesaid suit land was ancestral and coparcenary property and the sale deeds were executed without consideration and legal necessity.

(3.) Defendant No. 1 controverted the plaint allegations and pleaded that he had taken loan for tractor and tubewell from Land Mortgage Bank and there was outstanding loan amount of Rs. 1,21,000/-. On account of drought conditions, there was not good yield of the crop and therefore, defendant No. 1 had been taking loan for fodder etc. for the cattle and for other purposes. Defendant No. 1 after discussing the matter with the plaintiffs sold suit land in the interest of family. The land was sold for Rs. 3,06,500/- out of which amount of Rs. 1,21,120/- was deposited in the bank towards outstanding loan amount and interest and trolley was purchased for Rs. 55,000/- and loans of other persons were also paid by defendant No. 1. He was sole owner of the suit land. Plaint allegations were controverted.