- (1.) Plaintiffs/appellants have directed the present appeal against the judgment and decree dated 17.8.1987 passed by Shri Manmohan Singh Ahluwalia, Additional District Judge, Ludhiana vide which the seperate appeals preferred by defendants the parties against the judgment and decree dated 1.9.1984 passed by Shri N.S.Mundra, Additional Senior Subordinate Judge, Ludhiana was accepted and the suit of the plaintiffs was dismissed.
(2.) The brief facts of the present case are that Major Singh respondent executed five sale deeds from 8.5.1981 to 14.5.1981. In the sale deed dated 13.5.1981 in favour of Malkiat Kaur in respect of 19 kanals 10 marlas of land for an ostensible price of Rs.30,000/-. Sale deed dated 14.5.1981 in favour of Kulwant Kaur regarding land measuring 20 kanals 14 marlas of land for Rs.30,000/-. Sale deed dated 8.5.1981 in favour of Jaswant Kaur in respect of land measuring 5K-18M for Rs.6000/-. Sale deed dated 8.5.1981 in favour of Sant Singh in respect of land measuring 5K-17M for Rs.6000/- and sale deed dated 8.5.1981 in favour of Dharam Singh in respect of land measuring 5K-17M for Rs.6000/- and delivered possession to them. His minor sons Jagdev Singh and Avtar Singh, through their mother and next friend Ajit Kaur filed civil suit and challenged those sale deeds on the ground that minors and their father constituted Joint Hindu family. The suit land was their coparcenary property and Major Singh vendor and that Major Singh has executed the sale deeds without consideration and legal necessity or for benefit of the estate and as such these sale deeds were not binding on the minor sons and they are entitled to the possession of the disputed land.
(3.) In the written statements, which the vendees filed separately, on identical grounds, they pleaded that there was no legal marriage between Major Singh and Ajit Kaur so that the minors are not the sons of vendor and have no locus standi to file the suit. They took further objections that suit was not properly valued for the purposes of court fee and jurisdiction, and that the suit was bad for misjoinder of parties and cause of action.;