RANBIR SINGH Vs. BALDEV RAJ AND ORS

JUDGEMENT

(1.) The plaintiff is in second appeal against judgment and decree of the learned First Appellate Court by which judgment and decree of the learned Trial Court has been reversed.

(2.) The case set up by the plaintiff is that he is owner of the land measuring 11 Kanals 16 Marlas, bearing Khewat/Khatauni No. 117/197, Khasra Nos. 39/16/2, 17, 24, 25/2, situated at village Pensal, Hadbast No. 61, Tehsil Jagadhri, District Yamuna Nagar. He has challenged sale deed No. 1368/1 dated 09.01.1998 executed by him in favour of defendant Nos. 1 to 6 on the ground that he was born on 08.12.1980 and was a minor and the sale deed has been executed by defendant Nos. 7 to 9, with whom he was living after the death of his parents, in collusion with defendant Nos. 1 to 6 for a sum of Rs. 1,50,000/- is illegal. The plaintiff has filed the suit after allegedly attaining majority. The suit is contested by defendant Nos. 1 to 6 and defendant Nos. 7 to 9 by filing separate written statements. However, the stands taken by all the defendants was same that the plaintiff was not minor when the sale deed was executed on 09.01.1998 as he was born on 10.07.1979 and not on 08.12.1980. He had secured loan from Punjab National Bank, Bilaspur and State Bank of Patiala, Jagadhri on 12.01.1997 projecting himself to be major having been born on 10.07.1979. Therefore, he cannot challenge the validity of the sale deed dated 09.01.1998 claiming himself to be a minor at the time when the said sale deed was executed.

(3.) On the pleadings of the parties, various issues were framed by the Trial Court on 17.05.2001. Both the parties led their oral as well as documentary evidence. The learned Trial Court vide its judgment and decree dated 02.12.2005 decreed the suit of the plaintiff by holding the sale deed dated 09.01.1998 to be null and void and the plaintiff was directed to return sale consideration of Rs. 1,50,000/- to defendant Nos. 1 to 6 within two months from the date of the judgment and also further directed the plaintiff to affix ad valorem court fee on sale consideration of Rs. 1,50,000/-, failing which it was directed that the suit shall stand dismissed.