HASHMAT Vs. IBRAHIM

JUDGEMENT

(1.) On the 3rd October 1944, Hash-mat major and Barkat minor instituted Civil Suit No. 537/124 of 1944/45 for possession of one-half share of land comprised in Khasra Nos. 853, 855, 852 and 856, mentioned in the jamabandi of 1939-40 situate in village Behrampur, Tahsil Gurdaspur. In the plaint it was stated that the plaintiffs were owners of one-half share of the land in suit and that the other half was owned by Fateh Mohammad defendant No. 5. Then it was stated that Fateh Mohammad defendant No. 5 sold the entire land for Rs. 400/- on the 9th of February 1938, in favour of Ibrahim defendant No. 1 and Tufail, father of defendants Nos. 2 to 4. That being so, the plaintiffs maintained that defendant No. 5 was not competent to sell one-half of the land owned by the plaintiffs.

(2.) Defendants Nos. 1 to 4 resisted the suit pleading that Fateh Mohammad defendant No. 5 being the guardian of plaintiffs at the time of the sale was competent to sell the plaintiffs' share and the sale had been for the benefit of the plaintiffs.

(3.) On the pleadings the trial Court fixed the following issues: 1. Was defendant No. 5 competent to sell the plaintiffs' share? 2. Was the sale effected for the benefit of the plaintiffs? If so, what is its effect? 3. Relief.