Rajiv Sharma, J. - (1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Solan, H.P., (Camp at Nalagarh), dated 16.12.2008, passed in Civil Appeal No. 11NL/13 of 08/07.
(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellants -plaintiffs (hereinafter referred to as the plaintiffs), have instituted suit for declaration and for possession as coparceners and permanent prohibitory injunction against the respondents -defendants (hereinafter referred to as the defendants). According to the averments made in the plaint, the land measuring 36 bighas 3 biswas, fully described in the plaint, as entered in copy of jamabandi for the year 1994 -95, is situated in the village Kaundi, H.B. No. 416, Pargana Kharampur, Tehsil Nalagarh, Distt. Solan, H.P., (hereinafter referred to as the suit land). The plaintiffs and defendants No. 3 & 4 are Hindu Rajput and constitute joint Hindu Mitakshra Coparcenary Family. The pedigree table was also reproduced in the plaint. The property was previously owned by the common ancestor Ganga Ram. He died on 1.2.1951 and suit land was inherited by Banarsi Dass, son of Ganga Ram. Banarsi Dass died on 4.7.1978. The property in the hands of Banarsi Dass was joint Hindu coparcenary property and the plaintiffs have acquired the right in the coparcenary property at the time of their birth. Defendant No. 4 Rattan Singh was Karta of Joint Hindu Family and he was performing all responsibilities as Karta. No partition has taken place. Defendants No. 3 & 4 were spendthrift and habitual drinker. After the death of Banarsi Dass, defendants No. 3 & 4 conspired and colluded with defendants No. 1 & 2 by taking undue advantage of the revenue entries and executed sale deed No. 508 dated 4.9.1985 without any legal necessity and benefit of the estate for consideration of Rs. 11,000/ -. The sale deed executed in favour of defendants No. 1 & 2 was wrong, illegal and void.
(3.) The suit was contested by defendants No. 1 & 2. It was denied that the plaintiffs and defendants No. 3 & 4 constitute a joint Hindu Family. It was denied that after the death of Ganga Ram, suit land was inherited by Banarsi Dass. It was denied that defendant No. 4 was karta of Joint Family. According to them, defendants No. 3 & 4 were absolute owners to the extent of 1/2 share of suit land at the relevant time of sale. Defendants No. 3 & 4 had floated their family concern under the name and style of M/s. Dashmesh Brick Kiln Association, Theda, PO Manpura, Tehsil Nalagarh, Distt. Solan, H.P.;