THOGA Vs. SURESH CHANDER

JUDGEMENT

(1.) THIS judgment will govern the disposal of appeals Nos. 96 and 99 of 1971. These are cross appeals directed against the judgment of learned District Judge, Bhadarwah.

(2.) AMAR Nath and Suresh Chander are father and son and constitute a joint Hindu family. On 29 -5 -1964 Amar Nath (hereinafter called the second defendant) executed a sale deed in favour of Thoga (hereinafter called the first defendant) in respect of land measuring 16 kanals 13 marks for Rs. 700/ - Suresh Chander, (hereinafter called the plaintiff) filed a suit for declaration that the alienation was invalid and for possession. He averred in the plaint that the land was joint family property; that the sale was without any legal necessity or benefit to the estate; and, that his father was a man of immoral character and had made the sale to meet his expenses for immoral purposes. In reply the contesting defendant, Thoga, denied the allegations adding that he was originally holding the land as a tenant in which capacity he had invested huge sums of money in its improvement as it was barren and uncultivable when he obtained it initially. He further pleaded that there was collusion between the plaintiff and his father in bringing this suit.

(3.) BY its judgment dated 18 -3 -1968 the trial court of,. Munsiff Doda dismissed the suit. On appeal, the District Judge, Bhadarwah, by his judgment dated 1 -8 -1968 reversed the decision and decreed the suit. The first defendant came in appeal to this court. The appeal was heard by Honble the Chief Justice. His lordship came to the conclusion that the trial court had failed to raise necessary issues and as such there was no fair trial in the case. By his judgment dated 30 -12 -1968 he raised the following issues: