HARI SINGH Vs. GURUCHARAN SINGH

JUDGEMENT

(1.) Hari Singh plaintiff-appellant having remained unsuccessful concurrently in the two courts below has filed the present regular second appeal.

(2.) A suit for declaration was filed by the plaintiff-appellant to the effect that the judgment and decree dated 4/02/1987 in the suit Jagjit Singh and another v. Inder Singh was null and void, ineffective and not binding upon his rights. The plaintiff claimed that Inder Singh had two sons, Hari Singh and Gurcharan Singh. The land in dispute was ancestral in the hands of Inder Singh. It is further claimed by the plaintiff that the parties were governed by the customary law wherein the ancestral property could not be alienated by the holder and, therefore, the judgment and decree dated 4/02/1987 suffered by said Inder Singh in favour of Jagjit Singh and Karnail Singh were null and void, illegal and not binding upon his rights.

(3.) According to the plaintiff the said land could not be transferred by Inder Singh except for a legal necessity.