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2015 DIGILAW 175 (HP)

KARTAR SINGH v. SHRI HARI RAM

2015-03-12

SANJAY KAROL

body2015
JUDGMENT : SANJAY KAROL, J. 1. In this appeal, filed under Section 100 of the Code of Civil Procedure, appellants have assailed concurrent findings of fact returned by the Courts below. 2. Only issue which arises for consideration is as to whether plaintiff (appellant herein) has been able to establish, by leading clear, cogent and convincing piece of evidence, his right or interest, of whatever nature, in the suit property or not. 3. He has laid challenge to the sale deed effected by Hari Ram, in favour of Naveen and Rajesh. Courts below, rightly answered issue No.1, holding that Hari Ram was owner in possession of the suit land by his own right and not as Karta of the joint Hindu family, as alleged by Kartar Singh, the present appellant/plaintiff. 4. The onus to prove existence of Hindu joint family or the property being of the same, was on the plaintiff which even through the testimonies of Madan Kumar (PW.2) and Prem Lal (PW.3), he could not establish. 5. On the other hand, purchasers have established execution of valid sale deed in their favour also being put in possession of the suit land. 6. In this view of the matter, no ground for interference is made out. The suit land comprises only 0-2 bighas. The question of consent or necessity does not arise in a case where vendor being an absolute owner, is legally entitled to transfer his interest. 7. For the aforesaid reasons, present appeal is accordingly dismissed. Pending application(s), if any, also stand disposed of.