JASWINDER KAUR Vs. RAM SINGH

JUDGEMENT

(1.) Defendant Jaswinder Kaur having lost in both the courts below has filed the instant second appeal.

(2.) Plaintiff Ram Singh filed suit against defendant-appellant alleging that defendant's husband Darshan Singh was owner of electric motor connection No. N-3/497 in village Jabbo Sudhar. After his death, the defendant and her two minor sons and a minor daughter sold the said electric connection. The defendant sold the same for herself and on behalf of her minor children being their guardian to the plaintiff and received Rs 40,000/- as sale consideration from the plaintiff and affirmed affidavit dated 7.4.2005. However, Chattar Singh brother of defendant's husband filed suit alleging that defendant could not sell the connection on behalf of her minor sons and daughter. The said suit was decreed. Thus, the electric connection has not been transferred in the name of the plaintiff.

(3.) Accordingly, the plaintiff sought recovery of Rs 40,000/- as principal amount and Rs 8400/- as interest thereon @ 12% per annum till the filing of the suit.