DHARAM VIR Vs. NAVIN DEVELOPMENT AND HOUSE BUILDING SOCIETY LTD
HIGH COURT OF PUNJAB AND HARYANA
NAVIN DEVELOPMENT AND HOUSE BUILDING SOCIETY LTD
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(1.) This in a revision petition by Dharam Vir and Mahabir which has arisen in the following circumstances :
(2.) The petitioners were share-holders in three joint holdings of land situated in village Chiragh Delhi. Two of the holdings were of considerable size and the other was quite small, and the total shares held by the two petitioners in the different holdings varied from 3/8th to about 1/16th, the total area owned by the petitioners in the land as, a whole amounting to 57 Bighas out of 145 Bighas and 2 Biswas. The joint owners of these holdings sold them in March, 1956 to a Company called the Navin Development and House Building Society Limited of Delhi. At that time both Dharam Vir and Mahabir were minors, through Dharam Vir has since become a major, and the sale-transactions so as far they were concerned were carried out by their widowed mothers as their guardians. The land was subsequently sold by the Navin Society to the D. L. F. Housing & Construction (Private) Limited. New Delhi and now forms part of a total area of about 1570 Bighas which the second vendee Company is in the process of developing as a residential estate.
(3.) On the 24th of August, 1957 Dharam Vir and Mahabir instituted a suit for a declaration that the sales effected by their mothers, who were also impleaded as defendants in the suit, were void on the ground that under the custom by which the plaintiffs were governed the guardians could not sell their property and also that the sales were without consideration or legal necessity and they also claimed a decree for possession of the land which had been sold. Along with the plaint they filed an application for a temporary injunction restraining the defendants from proceeding in any way with the development of the area as a Housing Estate, or from alienating any portion of the land to other persons. An interim injunction was granted ex parte but after hearing the parties and on the basis of the affidavits, the trial Court vacated the interim injunction and dismissed the application for temporary injunction by its order dated 30th of August, 1957. An appeal against this order filed by the plaintiffs was dismissed by an Additional District Judge on the 15th of November, 1957 and the present revision petition was promptly filed in this Court by the plaintiffs.;
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