SURAJ MAL Vs. RAM SINGH

JUDGEMENT

(1.) These two appeals by special leave have been preferred by the appellants against the judgment of a learned single Judge of the Allahabad High Court. By the said judgment the learned Judge set aside the order of the District Judge, Meerut, passed by him on appeal under S. 39 of the Arbitration Act, 1940, upholding the order of the First Civil Judge, Meerut, and the Award of the Arbitrator made under section 12 of the U. P. Consolidation of Holdings Act, 1954, hereinafter referred to as 'the Consolidation Act'.

(2.) One Kurey was the owner of the zamindari property in Khewats Nos. 23 and 34 and also in Khewat No. 2, comprising the disputed plots of land in village Daha. On his death, the zamindari property devolved upon his daughter, Sona Devi. By a registered deed of sale dated December 21, 1935, Sona Devi sold the zamindari property to one Hoshiara, the predecessor-in-interest of the appellants, and also to one Abhey Ram. Out of the consideration of Rs. 3,150/-, Sona Devi was paid only Rs. 1,300/- in cash before the Sub-Registrar and the balance of the consideration money was kept in deposit with the purchasers for payment under three usufructuary mortgage deeds executed by Kurey in favour of some of his creditors. Sona Devi had no son when she executed the sale deed, but subsequently three sons, namely, the respondents Nos. 3, 4 and 5 were born to her. She died in 1944 leaving behind her the said respondents who were all minors at the time of her death.

(3.) The respondents Nos. 3 to 5, the sons of Sona Devi, filed a suit being Suit No. 1503 of 1950 in the Court of the Munsif, Meerut against the appellants and others for a declaration that Sona Devi had only a life interest in the Zamindari property purported to have been transferred by her by the sale deed dated December 21, 1935, and that the transfer not having been supported by any legal necessity was not binding upon the respondents. The respondents also prayed for recovery of possession of the property and for mesne profits.