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2005 Supreme(P&H) 798

VINEY MITTAL
Mehar Singh (Deceased) – Appellant
Versus
Baltej Singh – Respondent


Judgment

Viney Mittal, J.

1. Mehar Singh and Uttam Singh, defendants No. 1 and 2, respectively, are the appellants before this Court. The said defendants had purchased the land measuring 7 kanals 16 marlas each through two sale deeds dated December 29, 1977 from Jamail Singh, defendant No. 3 father of plaintiff Baltej Singh. The said two sale deeds were challenged by the plaintiff by filing a suit for declaration that the said sale deeds were illegal, void and without legal necessity and ineffective qua the rights of the plaintiff. It was claimed by him that the suit land was ancestral, co-parcenary and joint Hindu Family Property in the hands of Jarnail Singh and, as such, the same having been sold without legal necessity and even without consideration, the said sales did not bind the plaintiff in any manner.

2. The suit filed by the plaintiff was dismissed by the learned trial Court. On an appeal filed by the plaintiff, the judgments of the learned trial Court was reversed. Consequently, his suit was decreed.

3. The defendants have now approached this Court through the Regular Second Appeal.

4. Certain relevant facts be noticed. Baltej Singh filed a suit for declaration that two s























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