VEERO DEVI Vs. CHANAN SINGH AND ORS

JUDGEMENT

(1.) The present second appeal has been filed by the defendant No. 1/appellant challenging the judgment and decree dated 27.5.1987 passed by the learned first Appellate Court/Addl. District Judge, Amritsar, thereby allowing the first appeal and decreeing the suit of the plaintiff.

(2.) The brief facts of the present case are that plaintiff filed a suit for declaration that the sale deed executed by his father Gurbux Singh, defendant No. 2, on 29.7.1978 in respect of property in dispute be declared null and void without consideration, legal necessity and benefit to the Hindu Undivided Family (HUF) and relief of possession and mesne profits was also sought.

(3.) The allegations of the plaintiff are that his father Gurbux Singh, defendant No. 2, and his uncle Gurdit Singh, defendant No. 8, constituted Joint Hindu Family; Sh. Sobha Singh, grand-father of the plaintiff, was having HUF with defendant No. 2 (father of the plaintiff) and defendant No. 8 (uncle of the plaintiff); after the death of Sh. Sobha Singh, more than 60 years back, defendant Nos. 2 and 8 partitioned the property vide registered instrument dated 15.4.1969 and property in dispute (shop) fell in the share of plaintiff's father and its branch which continued to hold it as property of HUF consisting of Gurbux Singh, defendant No. 2, and his sons, the plaintiff and defendants No. 3 to 5; defendant No. 2 was the 'Karta' of the family and was not authorized to disposed of HUF property; defendant No. 2 executed the impugned sale deed on 19.7.1978 for an ostensible consideration of Rs. 35,000/- in favour of Smt. Veero, defendant No. 1/appellant; sale being of Hindu Undivided Family, hence, the shop in dispute can easily fetch a rent of Rs. 500/- per mensem and the plaintiff is entitled to mesne profits as well as for possession.