RAJINDER SINGH, S/O SH. ANANT RAM R/O VILLAGE BAGAIN, P.O. SHILA GHUND, PARGANA CHAILA, TEHSIL THEOG, DISTT. SHIMLA, H.P. Vs. SH. PANIA RAM S/O SADH AND ORS.

JUDGEMENT

(1.) THE plaintiff having lost in both the courts below has assailed the judgment, decree dated 27.2.2001 passed by the learned District Judge, Shimla in Civil Appeal No. 193 -S/13 of 1998 affirming the judgment, decree dated 18.8.1998 passed by learned Sub Judge, Theog in case No. 299/1 of 1995.

(2.) The facts in brief are that appellant had filed a suit for declaration and injunction against the respondents that Smt. Kubza next friend of minor plaintiffs in Civil Suit No. 66/1 of 1984 decided on 30.11.1987 by learned Sub Judge, Theog and by appellant court has acted with gross negligence, the same is not biding upon the plaintiffs and respondents No. 4 and 5, who were proforma respondents, the sales made by respondent No. 3 in favour of respondents No. 1 and 2 on 22.11.1982 and 11.11.1983, are wrong and illegal. The appellant has prayed for possession in favour of appellant and proforma respondents No. 4 and 5 by way of consequential relief.

(3.) THE respondent No. 3 without legal necessity had sold land comprised in khasra No. 116 to respondent No. 1 vide sale deed dated 22.11.1982 for a sum of Rs. 8000/ -. The respondent No. 3 also sold land comprised in khasra No. 311 to respondents No. 1 and 2 vide sale deed dated 11.11.1983 for a consideration of Rs. 12000/ -. The sales were not for legal necessity. The respondent No. 3 was addicted to wine etc. He had time and again sold joint Hindu family property. The entire amount has been squandered by respondent No. 3. He had also taken loan from Land Development Bank without any legal necessity.