VED PRAKASH Vs. TEK CHAND

JUDGEMENT

(1.) The instant Regular Second Appeal has arisen against the impugned judgement of the learned District Judge, Kullu rendered in Civil Appeal No. 45/04, whereby the latter dismissed the appeal of the plaintiff/appellant and affirmed the judgment and decree of the learned trial Court. Standing aggrieved by the judgement of the learned District Judge, Kullu, the appellant herein has instituted the instant Regular Second Appeal before this Court for assailing it.

(2.) Briefly stated the facts of the case are that the plaintiff had instituted a suit for declaration to the effect that the sale deed No.990 of 9.7.1990 in respect of 1/3 share of land measuring 4 -7 -13 bighas out of the land comprised in Khata Khatauni No. 71/105 to 109, Khasra numbers 1519, 1563, 1573, 1835, 1291, 1318, 1324, 1963, 2371, 1927, 2366, 1292, 2306, 1328, 1800, 1833, 1847, 1914, 1814 kita 19, measuring 13 -3 -0 bighas by one Bhag Chand for consideration of Rs.50,000/ - in favour of defendant No.1, Tek Chand, sale deed No. 1669 of 18.11.1996 of 10/11 share measuring 0 -10 -0 bigha out of the land comprised in Khata/Khatauni No. 80/118, khasra No.1265 by defendant No.1 Tek Chand in favour of defendant No.2 Lal Chand for consideration of Rs.40,000/ -, sale deed No.6040 of 13.11.1989 of 1/11 share measuring 0 -1 -0 bigha out of the land comprised in khata/khatauni No.58 min/93 min, khasra No.1265 measuring 0 -11 -0 bigha, 2/3 share measuring 0 -0 -13 bigha out of land comprised in khata khatauni No. 59/95 khasra No.1324 measuring 0 -1 -0 bigha by Bhag Chand husband of Sevti (original defendant No.1, now stands deleted) in favour of defendant No.3 Mani Devi for consideration of Rs.1000/ - and sale deed No.605 of 13.4.1989 of 4/10 share measuring 0 -4 -0 bigha out of the land comprised in khata khatauni No.59 min/95min khasra Nos. 1291, 1318 and 2371 kitta 3 measuring 10 -10 -0 bigha, by Bhag Chand in favour of defendant No.2 Lal Chand for consideration of Rs.2500/ - situated in Phati Prini, Kothi Jagatsukh, Tehsil Manali, District Kullu (hereinafter referred as the suit land) are wrong, null and void and having no binding effect on the rights of the plaintiff. The said relief had been claimed by the plaintiff on the grounds that the suit land was ancestral property of the plaintiff and the same was inherited by Bhag Chand, husband of Sevti from his forefather as a result of which Bhag Chand had no legal right to sell the suit land without any legal necessity at a very low sale price in order to disinherit and harass the plaintiff being a legal representative. It was pleaded that the defendants were very clever persons and with malafide intention allured Bhag Chand for drinking wine under pressure dishonestly made him to agree to execute and register the said sale deeds in their favour. Hence, the said sale deeds were wrong and illegal.

(3.) The defendants contested the suit and filed written statement. The defendants in their written statement have taken the preliminary objections inter alia cause of action, locus standi, maintainability and mis joinder and non joinder of necessary parties. On merits, the averments made in the plaint were denied being wrong and incorrect. It was pleaded that the suit land was not ancestral property in the hands of Bhag Chand. The sale deeds were executed by said Bhag Chand out of his free will and volition and he had every right to sell the sit land. The plaintiff has got no right to challenge the alienation made by deceased Bhag Chand in favour of the defendants and the suit land was sold by deceased Bhag Chand for legal necessity.