SUKH RAM Vs. GORI SHANKER

JUDGEMENT

(1.) This second appeal filed by the plaintiffs arises out of a suit for declaration that the sale deed executed by Smt. Kishan Dei in favour of defendant No. 1 was null and void and the same be cancelled.

(2.) Plaintiff No. 1 is the husband's brother of Smt. Kishan Dei, while plaintiff No. 2 is the son of plaintiff. No. 1. Admittedly when Hukam Singh, husband of Smt. Kishan Dei, died in 1952, the family was joint and he died as a member of a joint Hindu family with his brother, Sukh Ram. Smt. Kishan Dei had executed a sale deed on 15-12-1956 in favour of defendant No. 1 in respect of half of the house which was ancestral and half of the shop which had been jointly purchased by Hukam Singh and plaintiff No. 1. This sale was said to be without consideration and without any legal necessity and Smt. Kishan Dei was said to have had no right to transfer the property. The plaintiffs had also alleged that Smt. Kishan Dei had remarried, but this contention was repelled by both the courts below.

(3.) Defendant No. 1, who contested the suit, did not deny that the plaintiffs had half share in the house and the shop; but his case was that Hukam Singh was separate at the time of his death and that the sale deed had been executed for consideration and legal necessity. The sale deed was also said to be justified on the basis of Section 14 of the Hindu Succession Act, 1956.