DHANWANT SINGH AND ORS. Vs. PUNNI AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Solan, H.P., (Camp at Nalagarh), dated 15.12.2004, passed in Civil Appeal No. 52 -NL/13 of 2001.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellants -plaintiffs (hereinafter referred to as the plaintiffs), have instituted suit for possession as coparceners regarding land measuring 1 bigha 9 biswas, being 1/4th share of land measuring 5 bighas 4 biswas, comprised in Khewat/Khatauni No. 21/27, bearing Kh. No. 194, situated in village Theda, Pargana Dharampur, Tehsil Nalagarh, Distt. Solan, H.P. against the respondents -defendants (hereinafter referred to as the defendants). According to the plaintiffs, Ganga Ram was grandfather of defendants No. 2 & 3 and father of Banarsi Dass. Ganga Ram constituted a Joint Hindu Family Property. Sh. Banarsi Dass was the Karta of the same. The defendants No. 2 & 3 were also the coparceners of the Hindu Family Property. The plaintiffs acquired birth right in the same. Ganga Ram and Banarsi Dass had incurred debts for immoral purposes. Rattan Singh and Kesri Singh defendants No. 2 & 3 had also incurred debts for immoral purposes. Banarasi Dass died on 4.7.1978 and defendants No. 2 & 3 inherited the estate. Defendant No. 2 had sold the suit land vide sale deed No. 243 dated 20.5.1985 for a sale consideration of Rs. 6,000/ -, which was without any legal necessity.

(3.) REPLICATION was filed. The learned Sub Judge Nalagarh, framed the issues on 15.10.1998. The suit was dismissed vide judgment dated 21.6.2001. The plaintiffs, feeling aggrieved, preferred an appeal against the judgment and decree dated 21.6.2001. The learned Addl. District Judge, Solan, (Camp at Nalagarh), dismissed the same on 15.12.2004. Hence, this regular second appeal.