CHANAN SINGH Vs. SANTA SINGH

JUDGEMENT

(1.) HARDITTA , a co -sharer in Field No. 1666 min measuring 4 bighas and 10 biswas, sold this land to Chanan and other co sharer in the joint khata for Rs. 400 by a registered sale deed dated 10th Magher 1999, Santa Singh and Bishna, the other co -sharers in the joint khata filed a suit for possession of 3/4th of the land in suit alleging that their share in the property could not have been alienated by Harditta. Their share in the joint khata amounted to 3/4th. The trial Court dismissed the suit but the appeal of the Plaintiff was accepted and the suit was decreed. The Defendants have filed this second appeal against the judgment of the District Judge.

(2.) THE contention of the learned Counsel for the Appellants is that the holdings of the parties to this case have not been so far formally partitioned and the whole khata is mentioned as joint in the revenue record, but this particular khasra number has from a long time been in possession of Harditta vendor and for that reason the latter had every right to sell the property. He has drawn my attention to the evidence oral as well as documentary on the record in order to prove this fact. (After discussing the evidence his Lordship proceeded). From all this evidence on the record I have no hesitation to hold that the land in dispute has been in exclusive possession of Harditta and his family to the exclusion of the Plaintiffs.