JAGIR SINGH Vs. DES SINGH

JUDGEMENT

(1.) Defendants-appellants are in the Regular Second Appeal against the judgment passed by the learned First Appellate Court reversing the judgment and decree passed by the learned trial Court.

(2.) Detailed facts are not required to be noticed as this Court is of the considered view that the case deserves to be remanded back to the First Appellate Court.

(3.) Jagir Singh was having two sons, Mohinder Singh and Balwinder Singh. Mohinder Singh died leaving behind his widow Rano and a minor son-Des Singh again plaintiffs-respondents. Jagir Singh executed attorney authorizing his wife who pursuant to the aforesaid attorney given by her husband transferred land measuring 20 kanals in favour of his second son Balwinder Singh through a sale deed which has been challenged by the plaintiffs claiming that the suit property is joint hindu family ancestral coparcenary property and, therefore, the sale deed being without legal necessity is void. It may be significant to mention here that the plaintiffs had also prayed for decree by way of partition of the property.