JAGDEV SINGH Vs. HARINDER PAL SINGH

JUDGEMENT

(1.) THIS appeal is by defendant No. 1 against the judgment and decree of both the Courts below by which suit filed by the plaintiff for possession of 1/4th share of land measuring 9 kanats 6 marlas including a house in dilapidated condition built therein, comprised in Khasra Nos. 92 and 90 situated at Village Kot Fatta, has been allowed. The brief facts are that defendant No. 2 sold the suit property to defendant No. 1/appellant on 30.6.1975 for a consideration of Rs. 1000/ -. The sale was challenged by the plaintiff, who is the son of defendant No. 2 alleging that suit property is the coparcenary property which could not have been sold by defendant No. 2 without legal necessity or benefit of the estate and the sale was not binding on him. In the written statement filed by defendant No. 1/appellant, it was pleaded that the suit property was purchased by paying full consideration and the sale effected by defendant No. 2 in his favour, was an act of good management, for benefit of estate and legal necessity. It was further alleged that defendant No. 2 and his family is settled in Chandigarh after selling their entire property in village Kot Fatta. It was not possible for them to maintain the property in the village and also that the sale proceeds were required and utilized for construction of godown at Rajpura.

(2.) ON the pleadings of the parties, following issues were framed: -

(3.) WHETHER the plaintiff has no locus standi to file the suit? OPD