JAL SINGH Vs. KAMLI BAI

JUDGEMENT

(1.) This second appeal preferred by the appellants/LRs of defendant No.1 was admitted for hearing by formulating the following substantial questions of law: -

(2.) The suit property was originally held by Suku and Mahadev. The plaintiff was son of Mahadev. He filed suit that the sale deed dated 27-7-1998 executed by Heera Dai claiming to be the wife of Suku has not conveyed any title in favour of defendant No.1, therefore, it be declared null and void in which defendant No.1 setup a plea that Heera Dai being the legally wedded wife of Suku had right and title over the property and was empowered to alienate the suit land in favour of defendant No.1. On full-fledged trial, the trial Court dismissed the suit holding that Heera Dai was concubine of Suku, but she has acquired the status of wife and therefore she was empowered to alienate the suit property in favour of defendant No.1 and as such, the alienation made in his favour is proper and the sale deed is valid which the first appellate Court has reversed and decreed the suit holding the sale to be null and void against which this second appeal has been preferred in which two substantial questions of law have been framed which have been set-out in the opening paragraph of this judgment.

(3.) Mrs. Renu Kochar, learned counsel appearing for the appellants herein/LRs of original defendant No.1, would submit that the decree granted by the first appellate Court in favour of the plaintiffs despite non-production of sale deed and non-exhibiting of sale deed though it has been said to be illegal, cannot be sustained. She would further submit that the suit property has already been divided between the parties, as per the evidence of the plaintiff. The finding of the first appellate Court that Heera Dai was not the wife of Suku is a perverse finding and as such, the judgment and decree of the first appellate Court deserve to be set-aside and the suit deserves to be dismissed.