HARI SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) CIVIL Suit No. 473 of 1967 filed by Avtar Singh and Nirmal Singh plaintiffs for possession of the land detailed in the plaint, having been decreed by the courts below, Hari Singh defendant filed this regular second appeal, challenging that verdict.

(2.) AS per the facts given in the plaint, the plaintiffs claimed themselves to be owners to the extent of 2/15th share of the total land measuring 141 kanals 3 marlas. They and the other co-sharers were in its joint possession. However, later on, the defendant had entered into its possession, and on being enquired, he claimed that he had purchased the entire land on 3.4.1962, from Tarlok Singh etc. and the share of minor plaintiffs was sold by their mother, Kartar Kaur, in her capacity of being their natural guardian. According to the plaintiffs, Tarlok Singh etc. were not competent to sell their (of plaintiffs) share in the land as they were minors at the time of the sale, and sale was void in view of the provisions of Section 8 of the Hindu Minority and Guardianship Act, 1956, as per which a natural guardian cannot transfer land of his minor-ward without the permission of court. Therefore, it was pleaded that the sale of land to the extent of their share was illegal and void and was not binding on them. As such, the plaintiffs claimed that a decree for possession of land measuring 18 kanals 16 marlas, being 2/15th share in the total land measuring 141 kanals 3 marlas be passed in their favour on the basis of ownership.

(3.) BOTH courts having decided all the issues in favour of the plaintiffs, the defendant came up in second appeal, to this court.