SHAKUNTLA DEVI Vs. GIAN SINGH

JUDGEMENT

(1.) This judgment shall dispose of CMPMO No. 289 of 2010 and CMPMO No. 290 of 2010 as common question of law and facts are involved in both the petitions, which were earlier filed as Civil Revisions, but converted into petitions under Article 227 of the Constitution of India.

(2.) In CMPMO No. 289 of 2010, as per copy of plaint placed on record in Civil Suit No. 390 of 2001, the Respondent has filed a suit for possession of land, more specifically described in the plaint, that he is entitled to possession of his 1/5th share of suit land, alienations made by late Kishan Singh, last male holder, in favour of Petitioners No. 1 and 2 herein are null and void as the suit land is ancestral, he was not competent to alienate the suit land as per agriculture custom and mutation Nos. 647, 230 and 233 sanctioned in favour of Petitioners No. 1 and 2 are null and void.

(3.) In CMPMO No. 290/2010, as per copy of plaint placed on record in Civil Suit No. 392 of 2001, the Respondent has filed a suit for possession of land, more specifically described in the plaint, that he is entitled to possession of his l/5th share of suit land, alienations made by late Kishan Singh, last male holder, in favour of Petitioners No. 1 and 2 herein are null and void as the suit land is ancestral, he was not competent to alienate the suit land as per agriculture custom and mutation Nos. 231 and 232 sanctioned in favour of Petitioners No. 1 and 2 are null and void.