LAWS(SC)-1975-8-30

LALA SATYANARAIN PRASAD Vs. GADADHAR RAM

Decided On August 01, 1975
LALA SATYANARAIN PRASAD Appellant
V/S
GADADHAR RAM Respondents

JUDGEMENT

(1.) This appeal by certificate is from the judgment dated 9 May 1961 of the High Court at Patna dismissing the appellant's suit.

(2.) The appellant filed this suit for a declaration that the alienation by the appellant's father by deeds of sale dated 22 May, 1934 and 29 October, 1934 are null and void. The appellant asked for the consequential relief of possession. The defendants to the suit were of two categories. Defendants Nos. 1 to 14 belong to the first category. Defendant No. 15 is the father of the appellant and is in the second category. Defendants in the first category, were the vendees to the deeds of sale and the appellant's father was the vendor.

(3.) The appellant challenged the deeds of sale on two principal grounds. First the appellant alleged that the appellant's father was a minor on the dates of the deeds of sale and therefore the deeds were void. The second challenge to the deeds of sale was on the ground that there was no consideration and no legal necessity for alienation.