SMT. IND KAUR Vs. TARA SINGH AND OTHERS

JUDGEMENT

(1.) THE property in dispute belongs to one Labhu Singh, he was unmarried and died in the year, 1960. Before his death, on November 9, 1959, he made a will (Exhibit P. 3) in favour of the appellant who is his sister's daughter, bequeathing all his movable and immovable property in her favour. Earlier, on May 26, 1958, vide sale deed (Exhibit D.1) he had purported to transfer a part of his property in favour of Sunder Singh who is now dead. Sunder Singh further sold this property to Tara Singh, respondent on July 21. 1961, vide sale deed (Exhibit D 2). In the sale deed (Exhibit D. I) executed by Labhu Singh deceased on May 26, 1958, consideration of Rs. 5000/ - is mentioned to have been paid like this: - -

(2.) ON December 7, 1965, Ind Kaur, appellant filed a suit for declaration to the effect that she was in lawful possession of the property in dispute and that Tara Singh, respondent be restrained from interfering with her possession. Tara Singh, respondent of course set up a plea that he purchased this property from one Sunder Singh, who in turn had purchased the same from Labhu Singh deceased. On behalf of Ind Kaur, appellant, it was asserted that the sale deed (Exhibit D. 1) alleged to have been executed by Labhu Singh deceased in favour of Sunder Singh was a sham transaction inasmuch it was without any consideration. On the pleas raised by the parties, the learned trial Court framed the following issues: - -

(3.) WHETHER defendant No. 2 Tara Singh is a bona fide purchaser for consideration without notice from Sunder Singh, defendant No. 1 ?