RAM CHANDER AND OTHERS Vs. DALIP AND OTHERS

JUDGEMENT

(1.) THE plaintiffs who are also the appellants in this Court instituted a suit for possession of agricultural land measuring 6 bighas and 11 biswas pukhta. situated in village Beri, Tehsil Jhajjar. According to their averments the land in dispute had been sold ostensibly on their behalf during their minority by their fathers as natural guardians in favour of Dalip defendant No. 1, with the object of defeating a suit for pre -emption that had been brought by one Ram Nath on the ground that he was proprietor of the land in the village. The plaintiffs had purchased the land sold from one Siri Krishan for a consideration of Rs. 5,896/ - as per registered sale deed dated 13th July, 1953. On a suit for pre -emption having been brought by Ram Nath, defendants Nos. 2 and 3 (Mughal alias Mughali and Ganga Ram), father of the plaintiffs, as their natural guardians, sold the land in question in favour of defendant No. 1. The defendant vendee, according to the plaintiffs' case, promised to retransfer this land in their favour after the dismissal of the pre -emption suit, but the vendee failed to do so. The sale made by their guardians during their minority was alleged to be collusive, fictitious, without consideration, illegal and also not for their benefit.

(2.) DEFENDANT Dalip resisted the suit inter alia on the ground that the plaintiffs had no cause of action and a suit for possession of land in dispute was not maintainable. The allegations were also denied on merits.

(3.) ON second appeal before me on behalf of the appellants Shri G.C. Mittal has contended, to begin with, that it was open to his clients to ignore the sale altogether and to sue for possession treating the sale to be a nullity. In support of this contention he has placed reliance on the following decisions: