LAWS(P&H)-1988-11-134

INDERJIT SINGH Vs. RANDHIR SINGH

Decided On November 04, 1988
INDERJIT SINGH Appellant
V/S
RANDHIR SINGH Respondents

JUDGEMENT

(1.) This revision petition is directed against the judgment dated April 28, 1987, of the learned Sub-Judge 1st Class, Muktsar whereby he dismissed an application under Order 14 Rule 5 of the Code of Civil Procedure (for short 'the code') filed by the plaintiff-petitioners. They had sought amendment and recasting of the issues arising in the suit.

(2.) The petitioners had filed a suit for declaration to the effect that the mortgage-deeds dated April 30, 1974 and June 22, 1976 and sale deed dated February 13, 1986, whereby their father Randhir Singh, defendant-respondent No. 1, had conveyed the suit property in favour of defendant-respondents 2 and 3, were not binding on their interests in the suit property which, according to them, is a Joint Hindu Family property. The suit was contested by the defendants. As a result, certain issues were framed. The petitioners were not satisfied with the issues framed by the learned trial Court, and for that reason, they filed the instant application for amendment and recasting the issues. They proposed that the following three issues should be framed :-

(3.) Learned counsel for the petitioners contends that when a Joint Hindu Family property is sold or alienated by its Karta, the onus is always on the vendee to show that such sale was for consideration and legal necessity and as an act of good management. She contends that the members of the Joint Hindu Family have a vested right in such property. The right of the Karta to sell the same is not absolute but is hedged by the condition that the sale should be for legal necessity, consideration and by way of good management and not otherwise.