NIRMAL YADAV,J - (1.) THE present regular second appeal has been filed by Kartar Singh, etc. who are successors-in-interest of vendee Waryam Singh, challenging the judgment and decree dated 24.1.1980 passed by Additional District Judge, Patiala vide which the judgment and decree of the trial Court dismissing the suit of the plaintiffs-Gurdial Singh, etc., has been modified to the extent that respondent-plaintiff Gurdial Singh was entitled to possession of suit property to the extent of 1/4th share.
(2.) THE relevant facts relating to the present controversy, in brief, are that Ganda Singh, son of Chuhar Singh was the owner of agricultural land and house in dispute. He died on 13.10.1956. He was survived by Kartar Kaur, widow of his pre-deceased son Arjan Singh. Kartar Kaur had three children : one son Gurdial Singh and two daughters Gurdial Kaur and Jagir Kaur. Gurdial Singh had been adopted by his maternal grand-father Gokal Singh during the life time of his grand-father Gonda Singh. After the death of Gonda Singh, mutation No. 641 dated 13.1.1957 with regard to his inheritance, was sanctioned in favour of Kartar Kaur on the basis of statement made by her son Gurdial Singh (plaintiff). Kartar Kaur having acquired ownership right in the suit property, entered into agreement to sell with Waryam Singh, father of the present appellant. Thereafter, the sale-deed was executed in favour of Waryam Singh on 12.6.1957 for a consideration of Rs. 10,000/- and possession of the suit property was also delivered to him. Gurdial Singh, respondent No. 1 filed a suit for possession on 14.6.1968 claiming half share in the suit property. It was, mainly, pleaded that plaintiff is Jat by caste and dependent on agriculture pursuit and is, thus, governed by the Punjab Customary Laws. It was further claimed that after the death of Ganda Singh on 13.10.1956, he succeeded his property to the extent of half share and his mother Kartar Kaur succeeded the remaining half share. It was further pleaded that the defendants, who are sons of Waryam Singh, vendee, had no right and interest in the suit property. He was entitled to half share in the suit property, which had been sold by Kartar Kaur in favour of Waryam Singh and thus, defendants have no right to be in possession of the suit property to the extent of his share. Jagir Kaur and Gurdial Kaur, daughters of Arjan Singh were allowed to be impleaded as plaintiffs vide orders dated 9.11.1976 and 9.12.1976, respectively.
(3.) THE appellants-defendants contested the suit mainly, on the ground that plaintiffs being Hindus are governed by Hindu laws in the matter of inheritance, alienation, etc. It was further pleaded that Kartar Kaur had become exclusive owner of the suit property after the death of Ganda Singh and, therefore, she was competent to execute the sale deed dated 12.6.1957. It was pleaded that Waryam Singh, the predecessor-in-interest of the defendants, was a bona fide purchaser and sale made in his favour was protected under Section 41 of the Transfer of Property Act, 1882, as sale-deed was executed by ostensible owner Kartar Kaur for consideration and legal necessity. With regard to the suit qua Jagir Kaur and Gurdial Kaur, it was pleaded that the same is liable to be dismissed being time barred as they have been impleaded as late as in the year 1976. According to defendants, Waryam Singh had acted in good faith taking all reasonable care to ascertain that Kartar Kaur had power to transfer the suit property.;