Himachal Pradesh Court May 1988 Judgments
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Singh Vs. Purbia
Court: Himachal Pradesh
Decided on: May-27-1988
Reported in: AIR1989HP26
ORDERV.K. Mehrotra, Actg. C.J.1. A suit was institute by Purbia, who is the respondent in this revision, in the Court of Senior Sub-Judge, Mandi, being suit No. 29 of 1979. The plea raised in the suit was that defendants Nos. 2 and 3, namely, Karam Dass and Barthi, both his brother and sister, had transferred their 1/3rd and l/6th share, respectively, in land on Jan., 19, 1978 in favour of Singh, who is the applicant in this revision, for Rs. 3000/-. This sale, according to the case set up in the plaint, was void as the property was joint Hindu family co-parcenary property and there was no legal necessity and, therefore, Karam Dass could not alienate it. Also, that Barthi had no right to sell the property.2. The suit was decreed ex-parte as defendants No. 1, the present applicant, failed to appear in spite of service of summons upon him. The decree was passed on Oct. 27, 1979 by which it was declared that the sale aforesaid was void. A decree for possession was also granted in favour o...
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