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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KISHAN CHAND – Appellant
Versus
BHARTO – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. This Regular Second Appeal has been preferred by the appellants legal representatives of original defendant No.1 Krishan Chand, against the judgment and decree dated 09.04.1993 passed by the Court of Additional District Judge, Sonepat, whereby the learned First Appellate Court set aside the judgment and decree dated 18.01.1989 passed by the Court of Sub Judge, Sonepat, and decreed the suit of the plaintiff-respondent Smt. Bharto for declaration, thereby declaring the decree dated 02.01.1981 in Civil Suit No. 691/1980 as well as the subsequent sale deed dated 11.01.1988 as illegal, void and not binding on the rights of the plaintiff.
Brief Facts
2. The case of the plaintiff, as set up in the plaint and amended plaint, is that defendant No.2 Udmi was the owner in possession of agricultural land measuring 20 Kanals 10 Marlas, being ½ share in Khewat No. 735/697, Khatoni No. 1399/1333, Rect. & Killa No. 105, 17/2, 18, 22, 23, 1-0,8-2, 3-8, 8-0, situated in the revenue estate of village Ganaur, Tehsil Ganaur, District Sonepat. The remaining ¼ share of land measuring 76 Kanals 9 marlas was also owned and possessed by defendant No.2. The land is ancestral and h
The court upheld the validity of a consent decree, ruling that the deceased had the authority to alienate property as separate property, and the plaintiffs failed to prove fraud.
The distinction between judgment in rem and judgment in personam, and the binding nature of judgment in rem on anyone claiming interest in the property.
A co-owner can validly sell their share in joint properties, and the sale deed cannot be declared void if it is within the extent of the seller's interest.
The plaintiff failed to prove entitlement to joint ownership as the suit property was deemed self-acquired and valid prior decrees rendered the claims inadmissible.
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