SHIV LAL Vs. JATINDER KUMAR

JUDGEMENT

(1.) THIS civil second appeal has been preferred by the alianor against the judgment and decree of the learned District Judge, Udhampur dated 20 -11 -1973, whereby he set aside the Judgment and decree passed by the Sub -Judge, Udhampur, on 31 -3 -1971, dismissing the suit of the plaintiff respondent No. 1, son of the alienor.

(2.) BRIEFLY stated the facts of the case are that the plaintiff -respondent No. 1, a minor, brought a suit through his mother Mst. Shanti as next friend, praying that the sale deed dated 8th April, 1957, executed by his father in favour of the defendant -appellant he declared void, and in effective against his interests as a member of the Joint Hindu Family on the ground that the property involved in the suit was ancestral property in which he had an interest right from the day he was in the womb of his mother as a member of the Joint Hindu Family, and that the same had been transferred by virtue of the sale deed by his father, respondent No. 2, who was a person of depraved character, and given to licentious life and who had spent the amount for immoral purposes. It was stated that the alienation was not made for any legal necessity or for the benefit of the Joint Hindu Family, and as such, the alienation was bad in the eye of law so far as he was concerned.

(3.) DEFENDANT " No. 1, contested the suit of the plaintiff in his written statement on various grounds. The locus -standi of the plaintiff was challenged and it was averred that the plaintiff was not the son of the defendant No. 2, and was never born nor conceived at the time of the alienation. It was also averred that the debts incurred were for necessity; the sale deed was effected 1o satisfy the antecedent debt, and was for consideration.