KARAM CHAND Vs. SATAVI OM AND ANOTHER

JUDGEMENT

(1.) The plaintiff is the appellant, who aggrieved by the judgments and decrees passed by the learned Courts below, has filed the instant appeal.

(2.) The parties hereinafter shall be referred to as the 'plaintiff' and 'defendants'.

(3.) The plaintiff filed a suit for declaration to the effect that he along with defendants and proforma defendant was co-sharers in possession of land comprised in Khata No. 47, Khatauni No.109, Khasra Nos. 780, 781, 804, 807 and 907, plots 5, measuring 0-18-75 H.M., situate in Tika and Mauza Chabbar, Tehsil Jawali, District Kangra, H.P. (for short 'suit land'). It was pleaded that the parties are agriculturists and governed by Kangra Customary Law in matters of alienation. Since the property was inherited from father, the same was ancestral property. Defendant No.1, who was none other than father of the plaintiff and defendant No.2 and proforma defendant, had no right to alienate the same in favour of defendant No.2. Defendant No.1 was illiterate and simple person and not conversant with the worldly affairs and an habitual drunkard, whereas, defendant No.2 is a clever person and knowing fully well that the suit land was ancestral and could not be disposed of, he still got executed a sale deed in his favour by coercion and misrepresentation that too when defendant No.1 was under the influence of liquor. On the basis of these allegations, the plaintiff filed a suit for declaration to the effect that he along with defendants and proforma defendant are co-sharers in possession of the suit land and the sale deed executed by defendant No.1 in favour of defendant No.2 was null and void and not binding on the plaintiff.