MADHUBALA Vs. KUNTI DEVI

JUDGEMENT

(1.) By this judgment, I intend to dispose of above mentioned two appeals arising out of the same judgment.

(2.) Briefly stated facts of the case are that plaintiffs Madhubala, daughter and Darshna Devi, wife of Sh. Bhagwan son of Parma Nand, both resident of Village Kharak Kala, Tehsil and District Bhiwani had brought a suit for declaration against Sh. Bhagwan and others on the averments that suit land measuring 20K-18M situated at Village Kharak Kala, Tehsil and District Bhiwani had been a joint Hindu family ancestral property in the hands of Sh. Bhagwan-defendant No.1, who is father of plaintiff No.1 and husband of plaintiff No.2; Sh. Bhagwan had inherited the suit land from his father Sh. Parma Nand, vide mutation No.4689 dtd. 8/6/1986, therefore, the plaintiffs have got a right in the suit land; defendants No.2 to 8 taking advantage of defendant No.1 being addicted to drinking procured a sale deed bearing No.3951 dtd. 2/8/2010 from defendant No.1; according to the plaintiffs, the sale deed is without consideration; defendant No.1 had alienated the suit land without any legal necessity; the possession of the suit land is still with the plaintiffs; the plaintiffs prayed for setting aside the impugned sale deed dtd. 2/8/2010 and subsequent mutation; they also craved for issuance of decree of permanent injunction restraining defendants No.2 to 8 from interfering in possession of the plaintiffs over the suit land.

(3.) Notice of the suit was given to the defendants. Defendant No.1 had put in appearance in the Court but subsequently absented, as such, vide order dtd. 11/6/2011, he was proceeded against ex parte.