OM PARKASH Vs. TOPAN DASS

JUDGEMENT

(1.) The present regular second appeal has been preferred against the judgments and decrees dtd. 30/3/2018 and 2/9/2019 passed by both the Courts below dismissing the suit of the plaintiff-appellant.

(2.) The brief facts relevant to the present lis are that the plaintiffappellant challenged the sale deed bearing Vasika No.2363/1 dtd. 24/2/1987 whereby he and his father purportedly sold their land comprised in Khewat No.311, Khatoni No.558, Rect. No.150, Killa No.6 (7-11), new Khewat No.378/311, Khatoni No.593, Rect. No.150, Killa No.6 (7-11), situated in Village Sadarpur, Tehsil and District Karnal as per jamabandi for the year 1982-83 to the defendant-respondents. The challenge was on the ground that the plaintiff-appellant was a minor at the time of execution of the sale deed and that no permission was sought from the Court to sell his share. It was further pleaded that the father of the plaintiff-appellant hatched a conspiracy with the defendant-respondents and got the sale deed executed knowing fully that the plaintiff-appellant was a minor and his father was not competent to execute the sale deed. The suit was contested by the defendantrespondents on the ground of limitation, maintainability, jurisdiction and valuation. On merits, it was denied that the plaintiff-appellant was a minor at the time of execution of the sale deed.

(3.) On the basis of the pleadings, the following issues were framed by the Trial Court :