SANT RAM Vs. KHEM CHAND

JUDGEMENT

(1.) The history of this case is rather curious and an interesting one. To tackle the knotty problem, which has arisen in this case, few facts may be taken note of.

(2.) Khem Chand had a share in a joint holding. By lease deed dated 11.4.1969, he created lease in respect of his share for 99 years in favour of Sant Ram. Few months thereafter, by sale deed dated 16.6.1969, Khem Chand sold his share to Sant Ram.

(3.) Bijender son of Khem Chand filed a suit in the year 1982 to invoke the lease deed and the sale deed on the ground that both the alienations were bad under the custom and his father, who was made party, had no authority, much less legal necessity to make the alienations. While Sant Ram contested the suit, Khem Chand remained satisfied by being proceeded against ex parte.