Kehar Singh
Vs.
Nachittar Singh
20-08-2018

Facts

  • Pritam Singh was the owner of a land. He sold the land in 1960 by registered deed to Tata Sigh and Ajit Singh for 19,500/- Rs. Both were placed in possession of the land. In 1964, the son of Pritam Singh, Kehar Singh filed a civil suit against Tara Singh.
  • The suit land was continues to be an ancestral property of the family of which the plaintiff is the member and the family is governed by the Punjab custom which applies to sale of family property.
  • The plaintiff has a share in the suit land along with his father as one of the co-parcener, and the father has no right to sell the property without obtaining the consent of the plaintiff and the plaintiff has never given the consent for sale of the suit land.
  • There was no legal necessity of the family which could permit Pritam Singh to sell the suit land. The suit land and the rights of the suit land are to be governed by the provisions of the Punjab Customs.
  • The plaintiff prayed for the relief of declaration that sale made by his father be declared as not binding on the plaintiff. Secondly, the sale in question is void and does not convey any right, title and interest in favor of defendants.
  • The defendants in their statement contested that, the suit land is not ancestral and parties are not governed by any customs. The sale deed was executed for consideration and for legal necessity of the family to pay the debt and for improving the farming and the purchase was bona fide.

Held

Trail Court
The trail court after hearing to both the parties and examining the evidences held that the suit land was an ancestral property and there was no legal necessity to sell the suit land. The aggrieved parties filed the appeal to the first appellant authority. The first appellant authority held that, the land was an ancestral property of the family and the parties to the suit are governed by the customs. Further the court held that the defendants were able to prove the legal necessity for the family partially to the extent of 7399/- Rs. The reversioners of the Pritam Singh were entitled the possession of the land after the demise of Pritam Singh on payment of 7399/- Rs and the sale in question would not be binding on their reversionary interest.

High Court
Defendants feeling aggrieved from the decision, filed second appeal before the High Court, during the pendency, Punjab Custom (Power to Contest) Amendment Act, 1973 came into force. The high court allowed the appeal and dismisses the suit in light of the amendment in the custom act, and held that the plaintiff had no right to challenge the alienation made by the father under the custom prevailing at the relevant time. The plaintiff filed an appeal and the same is disposed of on the ground that the Custom act is retrospective in nature. The Court further held that the no doubt suit land is an ancestral property and the father as the karta of the family had right to sell the suit land and there too exists a legal necessity which are firstly, to pay the debt and secondly the agricultural land needs improvement, therefore the same is binding upon the plaintiff.

Supreme Court
The Supreme Court is of opinion that the reasoning and the conclusion made by the High court are just and proper and held that, the court is of view taken by High Court calling for no interference.