1972 Supreme(Raj) 71
KAN SINGH
Rooda Ram – Appellant
Versus
Rattu Ram – Respondent
Advocates Appeared:
H.C. Jain & C.M Lodha, for appellants; K.N. Joshi, for respondents
KAN SINGH, J.—This is a defendants second appeal. The subject matter of the litigation is a field Khasra No. 35 measuring 43 bighas and 14 biswas situated in village Gudawadi, Tehsil Sujangarh, District Churu. The field originally belonged to one Kashiram. Chisaram defendant was his son and Raturam his grandson from another son Phusaram. Phusaram sold this field to Rooda Ram, Gidha Ram and Natharam defendant appellants. Rattu Ram was a minor at the time. Consequently a suit was brought on his behalf by his grand-mother Smt. Mohari as his next friend for cancellation of the sale deed executed by Ghisaram in favour of the defendant-appellants. It was averred that Ghisa Ram had no right to sell the field. The defendant appellants contested the suit. They alleged that Kashi Ram had two sons Ghisa Ram and Phusa RamJ but after Phusa Rains death his wife performed Nata with one Rekharam resident of Pipli. Rattu Ram was born of that union. In other words, according to the defendant-appellants, Rattu Ram was not the son of Phusa Ram. They took the stand that Ghisa Ram being the sole owner of the field had sold it to them and had thus passed as a complete title.
2. The learned Civil Judge, Ra
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