NAGNOO Vs. GIAN CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the District Judge, Mandi, dated 23rd February, 1968, whereby the judgment and decree passed by the Senior Sub-Judge, Mandi was reversed and the suit of the plaintiffs was dismissed.

(2.) The relevant facts for the purposes of this appeal are:-One Mehar Chand on the basis of a document Exhibit DK/1 obtained a decree for Rs. 150/- with costs on 3-5-1953 from the Court of Sub Judge, Sunder Nagar, against Bhawania Chugthu and Jeonu. The judgment-debtors failed to make payment of the decretal amount, hence the decree-holder in execution of the decree got 6 biswas of land out of khasra No. 3869/1731 measuring 2 bighas 7 biswas situate in Muhal. Sunder Nagar. attached and auctioned. The property was purchased in the court-auction by the decree-holder himself. He sold this land to Gian Chand for Rs. 200/-.

(3.) The present plaintiffs are the sons of Bhawania, one of the judgment-debtors in the previous suit and also one of the defendants in the suit out of which this appeal has arisen. The plaintiffs filed this suit through their mother as their next friend for a declaration to the effect that the suit property was the joint family property of the plaintiffs and defendants 3 to 6 and it formed a coparcenary property, that the decree and the sale of the same was liable to be set aside as the consideration of the document on the basis of which the decree was obtained by Mehar Chand was not incurred for legal necessity and, that the debts were contracted for immoral purposes, and, therefore, they prayed that the sale be set aside and also prayed for injunction that the defendant, Gian Chand, be restrained from interfering with the possession of the plaintiffs.