ABNASH CHANDER Vs. SURAT SINGH

JUDGEMENT

(1.) THIS is a plaintiffs appeal who remained unsuccessful in the two Courts below. The facts giving rise to this appeal are that the plaintiffs filed a suit for joint possession of half share of the land sold by their brother Jagdish Chander through a registered sale deed dated 25-6-1257 on the ground that on the date of* sale both the plaintiffs were minors. Abnash Chander, Plaintiff was born on 9-7-1939 and Ramesh Chander was born on 20. 4. 1943. The vendor was not the guardian and thus had no right to sell their half share in the land in question. The sale was also challenged on the ground that it was not for the benefit of the plaintiffs and had been sold without permission of the Court.

(2.) THE defendants contested the suit and alleged that the plaintiffs and the vendors constituted Joint Hindu Family and the sale made by Jagdish Chander who was the Karta of the family was perfectly legal. It was also pleaded that the sale in question was for the benefit of Joint Hindu Family and that the sale proceeds of the property were required for construction of the house and for trade and thus was for legal necessity. Sale of the Joint Hindu Family property was an act of good management and the vendees had made proper inquiries before purchasing the property. It was pleaded that the sale was for consideration and Jagdish Chander was Karta of the Joint Hindu Family of the Plaintiffs and vendors and thus had right to sell the property. Out of the pleadings of the parties, the following issues were framed : (

(3.) THE learned Additional District Judge found that the property was Joint Hindu Family Property. The question whether the suit was within limitation or not was not raised before the lower Appellate Court.