R.S.A.No.4373 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.4373 of 2008 Date of Decision : 13.08.2009 Inderjit Singh and others ...Appellants Versus Tarsem Singh and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Surinder Sharma, Advocate, for the appellants. HEMANT GUPTA, J. (ORAL) The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit challenging sale deed dated 10.11.1995 executed by Mehanga Singh, father of the appellants in favour of defendant Nos.1 to 3, was dismissed. It is the case of the plaintiff-appellants that the land in the hands of Mehanga Singh was the Joint Hindu Family property, but the same has been sold by Mehanga Singh, without any legal necessity. The only evidence produced by the plaintiffs to prove that the property was a Joint Hindu Family Property is excerpt (Ex.P-1). Excerpt (Ex.P-1) is not a document to determine the nature of the property. Excerpt is an evidence of corroborative nature and not a primary evidence. In the absence of primary evidence on record, it cannot be said that the property in the hands of Mehanga Singh is a Joint Hindu Family property, which could be challenged by the plaintiffs on the ground that R.S.A.No.4373 of 2008 2 the sale was not a legal necessity. In view of the said fact, I do not find that any substantial question of law arises for consideration of this Court. Dismissed. 13.08.2009 (HEMANT GUPTA) Vimal JUDGE