ROODA RAM Vs. RATTU RAM

JUDGEMENT

(1.) THIS is a defendant's second appeal. The subject matter of the litigation is a field Khasra No. 35 measuring 43 bighas and 14 biswas situated in village Gudawadi, Tehsil Sujangarh, District Churu. The field originally belonged to one Kashiram. Chisaram defendant was his son and Raturam his grandson from another son Phusaram. Phusaram sold this field to Rooda Ram, Gidha Ram and Natharam defendant appellants. Rattu Ram was a minor at the time. Consequently a suit was brought on his behalf by his grand-mother Smt. Mohari as his next friend for cancellation of the sale deed executed by Ghisaram in favour of the defendant-appellants. It was averred that Ghisa Ram had no right to sell the field. The defendant appellants contested the suit. They alleged that Kashi Ram had two sons Ghisa Ram and Phusa Ramj but after Phusa Rain's death his wife performed Nata with one Rekharam resident of Pipli. Rattu Ram was born of that union. In other words, according to the defendant-appellants, Rattu Ram was not the son of Phusa Ram. They took the stand that Ghisa Ram being the sole owner of the field had sold it to them and had thus passed as a complete title.

(2.) THE learned Civil Judge, Ratangarh, in whose court the suit was filed, framed a number of issues. As the defendants had inter alia taken the plea that the suit was not triable by the civil court, the learned trial Judge framed issue No. 5 regarding the same. I need not advert to the other issues on account of the conclusion that I have reached regarding the competence of the civil court to try the suit. Both the courts held that the civil court had the jurisdiction to try the suit. THE trial court eventually granted a decree in favour of the plaintiffs for cancellation of the sale deed dated 4-6-62 in favour of the defendant appellants by Ghisa Ram.