KHUSHI Vs. MOHD ISHAQ

JUDGEMENT

(1.) MOHD. Ishaq, plantiff-respondent No. 1 filed a suit for declaration that he is owner-in-possession of the suit land to the extent of 1/9th share. The said declaration was sought on the ground that he was born on 11th December, 1954 and defendants No. 1 and 2 i. e. petitioners claimed that they have purchased the share of the plaintiff in the suit land vide registered sale deed dated 29th June, 1970, The plaintiff alleged that he was a minor at the time when the sale deed was executed and according to law, being a minor, he was not competent to enter into agreement with any one and thus the sale in favour of defendants No. 1 and 2 was illegal, void and not binding upon the plaintiff.

(2.) THE suit was contested by defendants No. 1 and 2 who stated that the impugned sale deed was validly executed by the plaintiff, as he was 21 years of age at that time.

(3.) LEARNED trial Court after appreciation of the entire evidence brought on the file, found that the sale is not binding on the plaintiff as he was a minor at the time of executing the sale deed. The trial Court further found that at the time of execution of the" sale died the plaintiff represented himself to be 21 years of age and accepted a sum of Rs. 2,500/- as consideration of the sale and was thus bound to return the same to defendants No. 1 and 2. Thus, the trial Court granted declaration to the plaintiff that he is owner-in-possession to the extent of 1/9th share and the sale deed dated 29th June, 1970 is null and viod. However, the defendants were made entitled to recover Rs. 2,500/- from the plaintiff.