MEWA SINGH Vs. JAGDISH SINGH

JUDGEMENT

(1.) Rajinder Singh son of Randhir Singh resident of village Sialba tehsil Kharar district Ropar sold his half share in 15 Bighas 17 Biswas of land comprised in Khata No. 81 Khatauni No. 28 Khasra No. 1355 to respondents, who were both minors, through their father Kirpal Singh for Rs. 1600/- on 20th January, 1959 vide registered sale deed exhibit D.I. In the course of consolidation proceedings, in lieu of it 12 Kanals Nos. 3 Marlas of land comprised in Khewat No. 90 Khatauni No. 112 Khasra Nos. 70/24/5 (0-2), 87/16/2 (1-7), 2512 (5-12), 94/5(5-2). Mad bast No. 148 as shown in the jamabandi for the year 1971-72 was allotted to plaintiff respondents. Plaintiff-respondents Jagdish Singh and Nirmal Singh were both minors at the time of purchase, therefore their father and natural guardian purchased this land for them in their names.

(2.) On 12th July, 1967 vide registered sale deed Exhibit D.2. Smt. Dhan kaur mother of plaintiff-respondents. sold, the land aforesaid to defendant- appellants for Rs. 7,290/- while the plaintiff-respondents were still minor. Kirpal Singh, their father signed the sale deed in token of his having consented to the same. On attaining majority plaintiff-respondents filed before the learned trial court civil suit No 28 on 27th January, 1975 for recovery of dual physical possession of the land covered by the sale deed on the ground that the sale made by their mother and consented to by their father was illegal and since the defendant-appellants had entered into possession of the land sold. they were entitled to restoration of possession on avoiding the sale. Learned trial court dismissed the suit on 11th April, 1978. Learned lower Appellate Court on 26th August, 1978 accepted civil appeal No. of 1978 and decreed the suit to the extent of half share of Jagdish Singh only. Similar relief was denied to his brother Nirmal Singh on the ground that the suit had been filed by him more than three years after wining majority and was consequently barred by limitation in respect his half share- Defendants have come up to this Court in R.S.A. No. 12 of 1978 against the decision of the learned lower Appellate Court.

(3.) I have heard Shri Gur Rattan Pal Singh, Advocate for the appellants and Shri J.K. Sharma, Advocate for the respondents and have carefully gone through the record of proceedings before the learned two courts low.