SAMUNDER SINGH Vs. RAM KISHAN

JUDGEMENT

(1.) This is a defendants' Regular Second Appeal against the judgment and decree passed by both the Courts below vide which the suit of the plaintiff Ram Kishan for declaring the sale deed dated 1.7.1978 executed and registered by him in favour of the defendants-appellants as void ab initio and inoperative, has been decreed.

(2.) The brief facts of the case are that vide registered sale deed dated 1.7.1978, the plaintiff-Ram Kishan sold 3 kanals 18 marlas of land to the defendants for a consideration of Rs. 40,000/-. Subsequently, on 15.6.1979, the plaintiff Ram Kishan filed the instant suit through his father being natural guardian for declaration alleging therein that on the date of execution and registration of the aforesaid sale deed, he was minor and the said sale deed was got executed without consideration and by playing fraud upon him. The plaintiff alleged that his date of birth was 7.1.1964, therefore, on the date of the execution of the sale deed, he was minor and was not competent to enter into any contract or to execute any sale deed of his property in favour of the defendants. Thus, the said sale deed was void ab initio and the same was not binding on his rights, and the same was liable to set aside.

(3.) The defendants contested the said suit. It was averred that the aforesaid sale deed was executed by the plaintiff after receiving the full sale consideration. It is further averred that at the time of execution and registration of the sale deed, the plaintiff posed himself as major and actually he was major. Now, after a long time he filed the suit with the bad intention. Therefore, he was estopped from filing the instant suit. On the pleadings of the parties, the following issues were framed:-