RUP SINGH Vs. BALTEJ SINGH

JUDGEMENT

(1.) Mehar Singh and Uttam Singh, defendants Nos. 1 and 2, respectively, are the appellants before this Court. The said defendants had purchased the land measuring 7 kanals 16 marlas each through two sale deeds dated December 29, 1977 from Jarnail Singh, defendant No. 3 father of plaintiff Batlej Singh. The said two sale deeds were challenged by the plaintiff by filing a suit for declaration that the said sale deeds were illegal, void and without legal necessity and ineffective qua the rights of the plaintiff. It was claimed by him that the suit land was ancestral, coparcenary and joint Hindu Family Property in the hands of Jarnail Singh and, as such, the same having been sold without legal necessity and even without consideration, the said sales did not bind the plaintiff in any manner.

(2.) The suit filed by the plaintiff was dismissed by the learned trial Court. On an appeal filed by the plaintiff, the judgments of the learned trial Court was reversed. Consequently, his suit was decreed.

(3.) The defendants have now approached this Court through the Regular Second Appeal.