SITAL SINGH Vs. JAMNA BAI

JUDGEMENT

(1.) IN this appeal, the sole question arises for consideration is whether the sale made by Karta of the Joint Hindu Family of the coparcenary property is liable to be set aside in toto or it is valid and binding to the extent of the share of the vendor coparcener or Karta.

(2.) THE instant appeal has been filed by the plaintiff against the judgment and decree passed by the first appellate Court vide which the decree passed by the trial Court in his favour has been modified and his suit qua 1/3rd share of the vendor coparcener, namely Kartar Singh, in the land in question has been dismissed, and the decree for the remaining 2/3rd share has been upheld.

(3.) IN this case, one Kartar Singh was having half share in the land measuring 149 Kanals 9 Marlas. Another half share was owned and possessed by his brother Gurdit Singh. The said Kartar Singh was having two sons i.e. the appellant Sital Singh and respondent No. 6 Harmit Singh. Out of his half share, he sold 2 Kanals 9 Marlas of land to respondent No. 3 Gulab Chand vide registered sale deed dated 11.4.1975; 9 Kanals 1/2 Marla of land to respondent No. 2 Jagga Singh vide registered sale deed dated 25.7.1977 and suffered a collusive decree dated 2.2.1978 regarding half share of the land measuring 149 Kanals 9 Marlas in favour of respondent No. 1 Jamna Bai.