HARYANA STATE THROUGH COLLECTOR Vs. SUKHJIT SINGH (DECEASED)

JUDGEMENT

(1.) The defendant-State is in second appeal aggrieved against the judgment and decree passed by the courts below arising out of a suit for possession tiled by the plaintiff-respondents.

(2.) The plaintiff was owner of land measuring 166 kanals 15 marlas situated at Shamgarh Tehsil and District Karnal. Gurinder Singh, father and natural guardian of plaintiffs executed a sale deed on 28.9.1956 in favour of Harjit Singh for a consideration of Rs. 19,000/- in respect of land measuring 118 kanals 6 marlas. Harjit Singh further sold the said land to State vide registered sale deed dated 1.3.1958 for Rs. 14,784.50p, whereas remaining land was sold to defendant No. 3. The plaintiff filed the present suit for possession on 3.10.1972 on the ground that at the time of sale of land by his father and natural guardian on 28.9.1956, the plaintiff was minor and thus the sale is ineffective qua his rights as effected without permission from the court guardian.

(3.) In evidence to prove his date of birth, the plaintiff has himself appeared as a witness as PW1 and produced Ex.P.1. The certified copy of pedigree table wherein the date of birth of the plaintiff is given as 16.8.1951. Said pedigree table is stated to be admissible in evidence in terms of the provisions of Punjab Jagir Act, 1941 and the provisions contained in para 172 of the Land Administration Manual.