MAHIPAL Vs. JAIBIR

JUDGEMENT

(1.) PRESENT Regular Second Appeal directed against judgment and decree dated 10.08.1990, passed by learned Additional District Judge, Bhiwani, whereby, judgment and decree of the Court of First Instance dated 01.04.1989 were set aside.

(2.) FACTS of the case are being recapitulated from the judgments of Courts below.

(3.) BRIEF facts leading to filing of present RSA that plaintiff Mahipal (minor) son of Amar Chand had filed suit for declaration to the effect that sale deed No. 1058 registered on 21.11.1985 (Exhibit P -7) executed by Amar Chand (defendant No. 2) is illegal, without jurisdiction, without any legal necessity and as such, not binding on the rights of the plaintiff. As per plaintiff, he is adopted son of defendant No. 2 Amar Chand. He was taken in adoption vide Registered Adoption Deed dated 01.02.1983 (Exhibit P -6). The land in dispute is ancestral property. Plaintiff and defendant No. 2 being son and father constitute Joint Hindu Family. Sale deed (Exhibit P -7) was without consideration, without legal necessity and in violation of the Civil Court order dated 26.07.1983. Plaintiff and defendant No. 2 are Jat by caste and governed by customs. Plaintiff prayed that defendant No. 1 be restrained from getting mutation of the land in dispute sanctioned in his favour.