SABINA, J. - (1.) PLAINTIFFS had filed a suit for declaration and possession.
(2.) THE case of the plaintiffs, in brief, was that plaintiff No.1 was born on 22.4.1971, plaintiff No.2 was born on 4.12.1975 and plaintiff No.3 was born on 10.12.1977. Santa, mother of the plaintiffs, sought to be appointed as a guardian of the plaintiffs and further sought a permission to sell the land bearing Rect. No.26 killa No.7/1 (3-18), 11/2(3-0), 12 (8-0), 14/2(0-11), 15/2(7-11), 19/1(3-15) measuring 26 kalans 15 marlas. The said permission was granted to Santa by the Court. Santa had filed a suit on the basis of false representation that money was required for maintenance and education of the minor children. In fact, Santa had no necessity to sell the land belonging to the plaintiffs. Santa sold the suit land to defendants vide sale deed dated 11.6.1984. In fact, no permission had been sought qua Rect. No.34 Kila No.4/1 (1-15), 5/1/1 (1-7), 7/1 (7-4) measuring 10 kanals 6 marlas. No part of the sale consideration had been utilised for the benefit of the plaintiffs. Defendant, in his written statement, averred that the plaintiffs were major and could not be sued through their father Het Ram. Santa had executed the sale deed in favour of the defendant after obtaining requisite permission from the Guardian Court. Defendant was bonafide purchaser for consideration.
(3.) ON the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the plaintiffs are the owners in possession of the land detailed in para No.1 of the plaint? 2. Whether all the plaintiffs were minors as alleged? 3. Whether the plaintiffs have no locus standi to file the present suit ? 4. Whether the suit is barred by time ? 5. Whether the plaintiff are estopped by their act and conduct from filing the present suit ? 6. Whether the suit is bad for non-joinder of necessary parties ? 7. Whether the plaintiffs have no cause of action to file the present suit ? 8. Whether the defendant be awarded compensation i.e. Sale consideration, stamp charges, etc. from the plaintiffs in case the suit is decreed ? 9. Whether the defendant is a bona fide purchaser for consideration without notice ? 10. Relief." ;