JOGA RAM Vs. SMT. KRESHANI DEVI AND OTHERS

JUDGEMENT

(1.) THIS regular second appeal filed by plaintiff is directed against the judgment and decree dated 07.10.2011 passed by learned Additional District Judge, Kurukshetra, whereby the appeal preferred by respondent/defendant No. 2 has been accepted, judgment and decree dated 22.12.2009 passed by learned Civil Judge (Junior Division), Pehowa, has been set aside and suit for declaration with possession and permanent injunction as consequential relief filed by appellant/plaintiff has been dismissed.

(2.) FOR convenience sake, reference to parties is being made as per their status in the civil suit.

(3.) UPON notice defendants appeared and filed separate written statements taking various preliminary objections. On merits it was averred that suit land is not Joint Hindu Family Ancestral property and the plaintiff has no concern with the suit land rather at the time of sale deed, defendant No. 1 was the owner of the suit land and the sale deed is genuine one. It was averred by defendant No. 2 that father of the plaintiff was a spendthrift and indulged in so many bad vices and the suit in question has been filed just to harass the defendants. Defendant No. 1 sold the land measuring 2 kanals 13 marlas with free consent to defendant No. 2 in the presence of the witnesses. No family settlement had ever taken place between the plaintiff and defendant No. 1. It is further averred that defendant No. 1 was fully competent to execute the sale deed. All other averments made in the plaint were denied and prayer for dismissal of suit was made.