- (1.) Plaintiff Nos.3 to 6/appellants by filing the present appeal has prayed for setting aside the impugned judgment and decree dated 24.12.2010 passed by the learned Additional District Judge, Kurukshetra whereby an appeal filed by them against the judgment and decree dated 29.2.2008 passed by the learned Civil Judge (Jr. Division), Kurukshetra dismissing the suit, has been dismissed.
(2.) Brief facts of the case are that plaintiff filed a suit for declaration to the effect that the sale deed dated 3.3.1999 allegedly executed by defendant Nos.3 to 9 in favour of defendant Nos.1 & 2 regarding the land in dispute is illegal, void and inoperative, further a decree for possession and permanent injunction was also prayed. After hearing learned counsel for the parties, suit was dismissed by the learned trial Court. On an appeal having been filed, the same has also been dismissed by the learned Appellate Court vide the impugned judgment and decree dated 24.12.2010, hence the present appeal.
(3.) Learned counsel has argued that the land in dispute is joint hindu family property and as such the defendant-respondent Nos.3 to 9 had no right or authority to alienate the same in favour of defendant/respondent Nos.1 & 2 by way of sale deed in question. It is further argued that there was no legal necessity in the family rather the Karta of the family i.e defendant No.3 is a drunkard and addicted to other vices and no consideration was paid and as such the impugned sale deeds are liable to be set aside. In support, learned counsel cites a judgment of Andhra Pradesh High Court reported as B. Ranga Rao v. G. Venkata Krishna Rao,1995 3 RRR 273.;