RANBIR SINGH Vs. SUKHDEV SINGH AND OTHERS

JUDGEMENT

(1.) THE present regular second appeal has been filed by the plaintiff to the suit. He had instituted a suit for declaration to the effect that he is owner of the land measuring 7 kanals 15 marlas, details and description whereof have been given in head note of the plaint. It was further stated that sale deed No. 5681 dated 15.12.1997 was executed by the plaintiff in favour of defendant No.1 is liable to be set aside being wrong, illegal, null and void and not binding upon rights of the plaintiff.

(2.) A short controversy, which was raised in the suit, was that on the day when the sale deed No. 5681 dated 15.12.1997 was executed, the plaintiff was minor and hence, he was not competent to execute the same. The trial Court, after completion of pleadings, framing of issues and considering the evidence led by the parties, came to the conclusion that on the day when sale deed No. 5681 dated 15.12.1997 was executed, the plaintiff indeed was minor and accordingly it was set aside. Aggrieved against the same, the defendants to the suit had filed an appeal. The lower Appellate Court held that earlier, on the same issue as to whether on the day when the sale deed No. 5681 dated 15.12.1997 was executed the plaintiff was major or minor, in another civil litigation it was determined that the plaintiff, on the day when the above said sale deed was executed, was major. This finding was upheld by this Court in Regular Second Appeal No. 2834 of 2008 titled as "Ranbir Singh v. Baldev Raj and Others". It will be apposite here to reproduce paragraph 12 of the judgment dated 28.9.2010, passed by the lower Appellate Court:

(3.) IN these circumstances, no question of law, much less a substantial one, has been raised for consideration of this Court. Hence, the present appeal is dismissed.