MUNSHI Vs. BHAG MAL

JUDGEMENT

(1.) THIS Regular Second Appeal arises out of a suit filed by Bhag Mal alias Ram Bux and others for possession of agricultural land measuring 85 Kanals 18 Marias fully described in Para No.1 of the amended plaint, situated in the revenue estate of Village Bai Khera, Tehsil and District Gurgaon. The suit for possession of 1102/1615 share of the suit land was decreed against the defendants with costs by the learned Subordinate Judge IInd Class, Gurgaon, vide his judgment and decree, dated November 4, 1978. The appeal preferred by the defendants was dismissed by the learned Senior Subordinate Judge (with enhanced appellate powers) Gurgaon, vide his judgment and decree dated March 26, 1979.

(2.) BRIEF facts of the case are that there was one Sher Singh son of Ballu resident of Village Bai Khera. He was husband of Smt. Bharto respondent No.4 and father of other respondents. Sher Singh was the owner of the land measuring 85 Kanals 19 Marias as mentioned in Para No.1 of the amended plaint. Sher Singh sold the said land in favour of Bansi, mutation of which was sanctioned on July 24, 1953 in favour of Bansi. Bhag Mal and Puran respondents feeling aggrieved of the said sale, brought a reversionary suit alleging that the sale in question was without consideration and legal necessity. That suit was dismissed by the trial Court. Bhag Mal and Puran respondents preferred an appeal before the Additional District Judge, Gurgaon, who set aside the judgment and decree of the trial Court vide his judgment and decree, dated April 11, 1969 holding that the sale in respect of 1102/1615 share in the land sold was ineffective against the reversionary rights of Bhag Mal and Puran respondents. Bansi was not satisfied with the judgment and decree of the lower appellate Court. He carried a Regular Second Appeal to this Court against the said judgment and decree. During the pendency of Regular Second Appeal, Bansi appellant died on October 4, 1976.

(3.) AFTER the death of Sher Singh alienor, his reversioners filed a suit for possession of 1102/1615 share in the suit land against Munshi, Jai Pal and Sham Lal sons of Bansi alienee,. During the pendency of the suit, Jai Pal also died. Karan Singh, Azad Singh and Smt. Karanwati were brought on record as Legal Representatives of Jai Pal.