SURJIT KAUR Vs. BALWINDER SINGH

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the judgments and decrees of the Courts below whereby their suit for possession of the suit land being the daughters and legal heirs of Niranjan Singh-deceased was dismissed.

(2.) It is the case of the appellants that the land in question was initially owned by Niranjan Singh son of Sajjan Singh, resident of village Kotli Dewan, who died on 20.04.1999. Niranjan Singh used to remain ill and due to old age he had also lost his senses and had not been maintaining his mental balance. The defendants No.1 to 3 are the real brothers whereas defendant No.4 is the real sister of the plaintiffs.

(3.) It is the further case of the appellants that sale deed No.131 dated 16.4.1999 allegedly executed by Niranjan Singh in favour of defendant-Mangal Singh was null and void on the ground that at the time of alleged sale deed, deceased Niranjan Singh, the father of the plaintiffs, was not in a position to execute the same on account of his old and ill health and as such the alleged sale deed was the result of fraud and misrepresentation. No sale consideration was passed and Niranjan Singh was never in need of any money. The suit land is the ancestral and Joint Hindu Family property of the plaintiffs and the defendants and Niranjan Singh was the Karta of this Joint Hindu Family and the alleged sale deed was not for any legal necessity. The defendant-Mangal Singh was a very clever and cunning person and by committing fraud, he got the alleged sale deed executed in his favour from the father of the plaintiffs and the defendants i.e. Niranjan Singh, who had lost his mental balance and senses. The aforesaid sale deed has been entered without any consideration and Mutation No.2626 sanctioned on the basis of above said sale deed was also liable to be set aside and the same was also not binding upon the rights of the plaintiffs. Since the defendants refused to accept their claim, hence the necessity arose to file the instant suit.