V K CHHABRA Vs. SAMIR BHATIA

JUDGEMENT

(1.) This is a second appeal against the order and has been directed against the judgment dated 12.2.1999, passed by the Additional Sessions Judge, Panipat who set aside the findings of the trial Court on issue No. 2 and allowed the plaintiff-appellant to lead additional evidence under Order 41 rule 27, C.P.C.

(2.) Some facts can be noted in the following manner:-

(3.) Sameer Bhatia, minor, through his natural guardian Smt. Bimla Devi (mother) filed a suit for declaration against the present appellant and others and gave challenge to the sale deed dated 28.2.1974 executed by Shri Narain Dass, father of the plaintiff in favour of Kesho Nath, husband of defendant No. 1 and father of defendants No. 2 to 7 on the ground that the property which was sold by Narain Dass was ancestral and the sale was not binding on the plaintiff as he had a pre-existing right in the said alleged ancestral property. These allegations of the plaintiff were denied by the defendants and they stated that the property in the hands of Narain Dass was his personal property and in the alternative, it was pleaded that the sale by Narain Dass was for legal necessity and, as such, it binds the interests of the plaintiff.