CHETRAM Vs. LUTA SINGH

JUDGEMENT

(1.) THE appellant has filed this appeal being aggrieved by the judgment and decree dated 25.2.1997 passed by the Additional District Judge, Waraseoni in Civil Appeal No.3 -A/96 affirming and confirming the judgment and decree dated 7.12.1983 passed by the Civil Judge Class -I, Waraseoni, in Civil Suit No.32 -A/1977.

(2.) THE brief facts, leading to the filing of the present appeal, are that the respondent no.1/plaintiff Luta Singh filed a suit for declaring the sale deed dated 24.6.1974, executed by his brother Pooran Singh in favour of the appellant/defendant no.1, as null and void and not binding on him with a further relief of permanent injunction restraining the appellant from interfering in his possession. The suit was filed on the ground that the property in dispute, namely; one acre of Khasra No.200 of village Birsola, Teshil Waraseoni, District Balaghat, was part of the joint family property which was to the extent of 4.25 acres of Khasra No.200 as the property had initially been purchased by their father Hira, who died in the year 1947, leaving behind three sons i.e. the respondent no.1/plaintiff Luta Singh; defendant no.2 Pooran Singh, the vendor (since deceased); and the original plaintiff no.2 Jhamla Bai, wife of Late Hira, and therefore, as the vendor Pooran Singh had only 1/3 rd undivided share of the total area comprising of 4.25 acres he could not have sold one acre of land to the appellant/defendant no.1 by sale deed dated 24.6.1974. Though the suit was initially dismissed, it was subsequently remanded by the appellate court on 30.8.1980 with a direction to decide the issue as to whether the parties were governed by Hindu Law. On remand, the suit was decreed by judgment and decree dated 7.12.1983 which has been affirmed by the impugned judgment and decree dated 25.2.1997 passed in the appeal. Both the courts below have passed the judgment and decree to the effect that the sale deed dated 24.6.1974 executed by Pooran Singh in favour of the appellant for one acre of land of Khasra No.200, Patwari Halka No.66 of village Birsola, Circle Lalbarra, was null and void and was not binding on the plaintiff/respondent no.1, the deceased vendor Pooran Singh and his son and the original defendant no.3 Smt. Poorna; and that the possession of the land be handed over to the plaintiff and other respondents by the appellant.

(3.) THIS appeal was admitted by this Court on the following substantial questions of law: -