RAM PAL Vs. OM PRAKASH

JUDGEMENT

(1.) PLAINTIFFS had filed a suit for declaration and possession.

(2.) THE case of the plaintiffs, in brief, was that plaintiff No.1 was born on 22.4.1971, plaintiff No.2 was born on 4.12.1975 and plaintiff No.3 was born on 10.12.1977. Santa, mother of the plaintiffs, sought to be appointed as a guardian of the plaintiffs and further sought a permission to sell the land bearing Rect. No.26 killa No.7/1 (3-18), 11/2(3-0), 12 (8-0), 14/2(0-11), 15/2(7-11), 19/1(3-15) measuring 26 kalans 15 marlas. The said permission was granted to Santa by the Court. Santa had filed a suit on the basis of false representation that money was required for maintenance and education of the minor children. In fact, Santa had no necessity to sell the land belonging to the plaintiffs. Santa sold the suit land to defendants vide sale deed dated 11.6.1984. In fact, no permission had been sought qua Rect. No.34 Kila No.4/1 (1-15), 5/1/1 (1-7), 7/1 (7-4) measuring 10 kanals 6 marlas. No part of the sale consideration had been utilised for the benefit of the plaintiffs.

(3.) ON the pleadings of the parties, following issues were framed by the trial Court:-