GURNAM SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal, against the judgment and decree dated 1.3.1984, passed by the learned courts below, vide which suit for possession, filed by the plaintiff/appellant, qua the share held by Badan Singh of the suit land and in the alternative to challenge the sale deed dated 6.10.1975, to be void on the ground of misrepresentation and fraud was ordered to be dismissed.

(2.) THE plaintiff/appellant filed a suit, on the pleadings that the plaintiff and defendants were the members of joint Hindu family, and Shri Badan Singh, father of the plaintiff, was the Karta. Plaintiff claimed to be co-parcener with defendants, in the suit property. Defendants No. 1 and 2 were minors, therefore, the suit was filed through Inder Singh, their father and natural guardian, who did not have any interest adverse to the minoRs. The Pe-digree table pleaded in the plaint reads as under :-

(3.) IT was also pleaded case of the plaintiff, that Badan Singh as a Karta had no other source of income except the property in village Rajewal, Tehsil Samrala District Ludhiana. Out of the five sons of Badan Singh, Inder Singh defendant No. 4, served in the Army for about 9 years and his family used to stay at village Rajewal, and was supported on the income of family from ancestral property. Inder Singh came back from Army on superannuation in the year 1947. It was further pleaded that out of the income of joint Hindu family, Badan Singh purchased the land at village Hussainpura, in his own name and in the names of NagahiaSingh and Chajja Singh, as the land was available at cheaper rates. Gurnam Singh and Inder Singh settled along with Badan Singh, on the land purchased at village Hussainpura.