LAWS(P&H)-2007-10-53

JATI RAM Vs. DHARAM SINGH

Decided On October 10, 2007
Jati Ram Appellant
V/S
DHARAM SINGH Respondents

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgments and decrees passed by the learned courts below vide which suit filed by the plaintiff-appellants for declaration that the sale deed dated 23.11.1973 was null and void and not binding upon the rights of the plaintiff-appellants has been ordered to be dismissed.

(2.) THE appellant-plaintiffs had filed a suit claiming that the sale deed dated 23.11.1973 was bad in law as the vendor Smt. Khazani had sold excess of her share in the joint property. The plaintiff-appellants are sons of the vendor. During the pendency of the suit Ram Kishan son of the vendor died and his property was inherited by the vendor. The mutation of inheritance was sanctioned in favour of Vendor Smt.Khazani and the learned courts below therefore, came to the conclusion that as Smt.Khazani now owned the property and therefore, the sale deed could not be set aside on the ground of sale of excess land. The court below also rejected the plea of the plaintiff- appellants by holding the suit to be time barred as the suit was filed in 1985 challenging the sale deed dated 23.11.1973.

(3.) WHETHER a sale deed vide which area in excess of his share has been sold away by the vendor, would stand validated with retrospective effect from the date on which the vendor acquires additional area in the joint khewat to make up the deficiency ?