SUBA SINGH Vs. MADAN SINGH

JUDGEMENT

(1.) THE defendant -appellant has challenged the judgment and decree passed by the learned Additional Distinct Judge, Faridkot by way of this regular second appeal.

(2.) MOHAN Singh minor son of Arjan Singh and Arjan Singh as person of unsound mind through their next friend Gurnam Kaur brought a suit for possession of land (i) measuring 24 Kanals and (ii) measuring 4 Kanals 12 Marlas situated in the area of village Vandar Jatana said to have been sold to defendants No. 1 and 2 by Arjan Singh plaintiff. The plaintiff claimed that plaintiff No. 1 was minor whereas plaintiff No. 2 was mentally infirm and was of unsound mind. It was the case set up by the plaintiffs that he was suffering from mental illness i.e. senile dementia for many years and was incapable of making rational judgment.

(3.) IT was further claimed that the plaintiffs were joint in food, worship and residence and constitute a joint Hindu family. The suit land was said to be ancestral, coparcenary property of the plaintiffs in which the plaintiff No. 1 had got interest from his birth being son of plaintiff No. 2. The sales were said to be without consideration and legal necessity. It was claimed that the sale were acts of reckless waste. It was also the case set up by the plaintiffs that defendant -vendees had taken undue advantage of mental deficiency of plaintiff No. 2 and thus it was claimed that respondent - plaintiffs were entitled to get back the possession of the suit land.