MADAN LAL Vs. KISHORI LAL AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal by the plaintiff arises out of a judgment dated 5.2.1992 passed by the learned Additional District Judge/First Appellate Court, Hisar in Civil Appeal No. 68-CA of 26.8.1989 reversing the judgment and decree passed in favour of the plaintiff by the trial Court vide judgment dated 16.8.1989 in Civil Suit No. 516 of 1989.

(2.) At the time of admission of the second appeal, framing of substantial question of law was not necessary. During the course of submissions, learned counsel for the appellant raised various points of law but essentially two points which may fall in the category of substantial questions of law need to be elucidated. They are :-

(3.) Learned counsel for the appellant took the Court through the judgments of the courts below and also the relevant documents. He placed reliance on the judgment of this Court Avtar Singh v. Hazura Singh and others, 1984 AIR(P&H) 211. In para 10 of the said judgment, the Court has held that the inspection of a revenue record would meet the requirement. In another judgment of this High Court Jagan Nath and others v. Raj Kumar and another, 1987 PunLJ 646the Court has held that vendee who accepts the transfer on the faith of entries in record of rights (jamabandi) in favour of his transferor is protected under Section 41 of the Transfer of Property Act, 1882. He also placed reliance on a Full Bench judgment of Lahore High Court Shamsher Chand v. Bakhshi Mehr Chand and others,1947 AIR(Lah) 147in which the Court has held that vendee accepting transfer of agricultural land on faith of entries in favour of his transferors in record-of-rights is protected under Section 41 of the Transfer of Property Act, 1882.