RAKESH KUMAR Vs. TEK CHAND

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgments and decrees of the trial Court whereby their suit for declaration and possession was dismissed and further appeal filed against the aforesaid judgment and decree of the trial Court was also dismissed by the lower appellate Court.

(2.) THE plaintiff -appellants filed the instant suit against one Bhalle Ram (predecessor -in -interest of the respondents) and their father Krishan Kumar (defendant No.2) alleging that defendant No.2 had sold the shop in question which was ancestral property and which he could not alienate, the same being Joint Hindu Family property, and that the said sale was without legal necessity. It was further pleaded that Krishan Kumar -defendant No.2 had sold the shop in question to Bhalle Ram -defendant No.1 in order to spend the consideration for immoral habits only, and thus, the appellants sought a decree for declaration that the sale of the suit property made vide a registered sale deed dated 18.11.1968 was illegal, null and void, and not binding upon them. They further sought the relief of possession of the suit property.

(3.) ON the basis of the pleadings of the parties, the following issues were framed by the trial Court: