SANT RAM Vs. MOHINDER SINGH

JUDGEMENT

(1.) This appeal is directed against the decree and judgment dated 4/06/1984 passed by the District Judge, Solan and Sirmaur Districts at Nahan whereby the appeal of the appellants-defendants was dismissed and the decree and judgment dated 31/05/1978 of Sub Judge 1st Class, Nalagarh, District Solan, was affirmed.

(2.) The Sub Judge 1st class, Nalagarh, had passed a decree in favour of respondent-plaintiff Mohinder Singh alias Shiv Kumar and against the appellants-defendants Sant Ram and Janki Ram, respondents-defendants No. 2 to 5, Inder Prabhu, Sohnu and Ram Kishan and one Munshi Ram, who were defendants No. 1 to 7 in the suit. It was declared that the respondent-plaintiff is the son of respondent-defendant Prabhu and the land in dispute was co-parcenery and Joint Hindu Family property of respondent-plaintiff and respondents-defendants No. 3 to 5 and Munshi. The sales made by respondents-defendants No. 3 to 5 and Munshi in favour of appellant-defendant Sant Ram were declared without consideration as well as without legal necessity or without benefit of the estate. As such, the respondent-plaintiff was held entitled to get back the possession of the suit land from the appellants-defendants and respondent-defendant Inder.

(3.) Respondents-defendants No. 3 to 5 and Munshi were owners of the suit land. At the first instance, they sold the suit land except 6 Biswas to the appellant-defendant Sant Ram vide registered sale deed dated 12/10/1962. Out of the total land purchased by Sant Ram, 10 Bighas 3 Biswas was further sold by him to the appellant-defendant Janki Ram vide registered sale-deed dated 1/04/1966. Later on, 6 Biswas was also sold to appellant-defendant Sant Ram who further transferred it to respondent-defendant Inder and Rapat Roznamacha dated 21/05/1971 was entered on the basis of which mutation was also attested.