INDU MALHOTRA,J. - (1.) Leave granted. The present Civil Appeal has been filed to challenge the Order dated 13.11.2018 passed in RSA No. 1354 of 2014 by the Punjab & Haryana High Court at Chandigarh.
(2.) The background facts in which the present Civil Appeal has been filed are briefly stated as under: 2.1. Lal Singh was the owner of large tracts of agricultural land in Village Khangarh, District Ferozepur, Punjab. The Appellant herein is the great­grandson of Lal Singh. The genealogy table of Lal Singh 's family is set out hereinbelow for the sake of convenience: JUDGEMENT_5_LAWS(SC)7_2019.jpg 2.2. Lal Singh passed away in 1951, and his entire property was inherited by his only son Inder Singh. In 1964, Inder Singh during his lifetime, effected a partition of the entire property vide decree dated 04.11.1964 passed in Civil Suit No. 182 of 4.11.1962 between his three sons viz. Gurcharan Singh, Dharam Singh, and Swaran Singh in equal shares. Thereafter, the three sons transferred one­fourth share in the entire property back to their father Inder Singh for his sustenance. As a consequence, Inder Singh and his three sons held one­fourth share each in the property. Inder Singh expired on 15.04.1970, and his one­ fourth share was inherited by his heirs i.e. his widow, three sons, and his daughter. 2.3. The present matter pertains to the property which came to the share of one of his sons viz. Dharam Singh (hereinafter referred to as the "suit property "), which was agricultural land comprised of about 119 kanals 2 marlas, situated in Village Khangarh, District Feozepur, Punjab. 2.4. Dharam Singh had only one son viz. Arshnoor Singh - the Appellant herein. The Appellant was born on 22.08.1985 to Dharam Singh through his 1st wife. 2.5. Dharam Singh purportedly sold the entire suit property to Respondent No. 1 viz. Harpal Kaur vide two registered Sale Deeds dated 01.09.1999 for an ostensible sale consideration of Rs. 4,87,500/­. The first Sale Deed bearing Wasika No. 1075 pertains to land admeasuring 59 kanals 11 marlas situated in Khasra No. 35; the second Sale Deed bearing Wasika No. 1079 pertains to land admeasuring 59 kanals 11 marlas in Khasra No. 36. 2.6. On 21.09.1999, the two Sale Deeds were sent by the Sub­Registrar to the Collector, Ferozepur for action u/S. 47A of the Indian Stamp Act, 1999 as the Sale Deeds were undervalued. Dharam Singh and Respondent No. 1 - Harpal Kaur appeared before the Collector. Dharam Singh admitted that no consideration was exchanged in lieu of the two Sale Deeds, and the amount of Rs. 4,87,500/­ was mentioned only for the purpose of registration. Respondent No. 1 - Harpal Kaur, the purported vendee, admitted that no money was paid by her to Dharam Singh in exchange for the suit property. 2.7. Subsequently, on 29.09.1999, Dharam Singh got married to Respondent No. 1. The Collector, Ferozepur vide Order dated 24.01.2000, held that the two Sale Deeds executed by Dharam Singh in favour of Respondent No. 1 were without any monetary transaction. 2.8. The Appellant became a major on 22.08.2003. On 23.11.2004, the Appellant filed a Suit for Declaration against his father Dharam Singh as Defendant No. 1, and Harpal Kaur as Defendant No. 2 (Respondent No. 1 herein) for a declaration that the suit property was coparcenary property, and hence the two Sale Deeds dated 01.09.1999 executed by his father Dharam Singh in favour of Respondent No. 1 herein were illegal, null and void. The Appellant further prayed for a permanent injunction restraining Respondent No. 1 from further alienating, transferring, or creating a charge on the suit property. 2.9. During the pendency of the Suit, Respondent No. 1 entered into a transaction whereby she purportedly sold the suit property jointly to Respondent Nos. 2 and 3 viz. Kulwant Singh and Jung Bahadur vide a Sale Deed dated 30.10.2007. Respondent No. 1 filed an Application to Implead Respondent Nos. 2 & 3 as co­defendants in the Suit. However, the said Application was disposed of vide Order dated 25.09.2010, with liberty granted to Respondent No. 1/Defendant No. 2 to defend their rights. 2.10. The Additional Civil Judge, Ferozepur vide Order dated 29.04.2011, decreed the Suit in favour of the Appellant/Plaintiff. Dharam Singh in his deposition had stated that he executed the Sale Deeds without any monetary consideration since Respondent No. 1 insisted on transfer of the suit property in her name as a pre­ condition for marriage. The Trial Court held that the suit property was ancestral coparcenary property of Dharam Singh and the Appellant. Respondent No. 1 failed to prove that Dharam Singh had sold the suit property to Respondent No. 1 for either legal necessity of the family, or for the benefit of the estate. Consequently, the two Sale Deeds dated 01.09.1999 purportedly executed by Dharam Singh in favour of Respondent No. 1/Defendant No. 2 were illegal, null and void. The Appellant was held entitled to joint possession of the suit property with his father. 2.11. Respondent No. 1 along with the subsequent purchasers - Respondent Nos. 2 and 3 filed a common Civil Appeal RBT No. 130 of 3.6.2011/7.9.2013 before the Additional District Judge, Ferozepur. The ADJ vide Judgment and Order dated 13.01.2014 dismissed the Appeal. The Appellate Court held that the two Sale Deeds dated 01.09.1999 were executed without any consideration as per the admission of Dharam Singh, and Respondent No. 1 in their statements recorded by the Collector, Ferozepur. In the absence of any legal necessity, or benefit to the estate of the joint Hindu family, the Sale Deeds dated 01.09.1999 were illegal, null and void. 2.12. Aggrieved by the aforesaid Order, Respondent Nos. 1, 2 and 3 filed RSA No. 1354 of 2014 before the Punjab and Haryana High Court. 2.13. During the pendency of the Regular Second Appeal before the High Court, Dharam Singh expired on 05.01.2017. 2.14. The High Court vide the impugned Judgment and Order dated 13.11.2018, allowed the RSA filed by the Respondents, and set aside the concurrent findings of the courts below. The High Court held that (i) the Appellant had no locus to institute the Suit, since the coparcenary property ceased to exist after Inder Singh partitioned the property between his 3 sons in 1964; (ii) the Appellant had no right to challenge the Sale Deeds executed on 01.09.1999 on the ground that the sale consideration had not been paid, since only the executant of the Sale Deeds viz. Dharam Singh (Defendant No. 1) could have made such a challenge; and (iii) Jamabandis for the years 1957 - 58 till 1970 - 71 were not produced by the Appellant. 2.15. Aggrieved by the impugned Judgment and Order dated 13.11.2018 passed by the High Court, the Appellant has filed the present Civil Appeal.
(3.) We have heard learned Counsel for the parties, and perused the pleadings and written submissions filed by the parties.;