PHOOL CHAND Vs. DHULI SINGH

JUDGEMENT

(1.) The facts relevant for the disposal of the appeal are as under:-

(2.) The plaintiff-appellant alongwith his father Khushi Ram allegedly constituted a Joint Hindu Family and the suit land measuring 15 Kanals 7 marlas situated in village Gharaunda was part of the joint property. Khushi Ram sold the said land vide registered sale deed dated 7.2.1967 to the defendant-respondent. This sale was challenged by the appellant on the ground that his father Khushi Ram was a drunkard and there was no necessity to alienate the land and he had sold the land to the defendant-respondent without receiving any consideration. The suit was resisted by the respondent on the ground that Khushi Ram was the sole owner of the property and the appellant was in fact not his son. It was also pleaded that the sale had been effected by Khushi Ram on valid consideration as he needed the money for the marriage of his daughter, for the construction of a house and to discharge the loan that he had taken from Phagu Ram, who had since died. It was also urged that the said Khushi Ram was not earning anything from the land in question and after selling the same, he had invested the money in business and as such the sale was an act of good management.

(3.) On the pleadings of the parties, the following issues were framed: