GITA RAM Vs. OFFICIAL RECEIVER AGRA

JUDGEMENT

(1.) Second appeal from order No. 6 of 1971 is directed against the judgment in Civil Appeal No. 107 of 1970 arising out of Miscellaneous Case No. 95 of 1966 and was filed by the Official Receiver and Second Appeal from order No. 7 of 1971 has been filed against the decision in civil appeal No. 109 of 1970 in Misc. Case No. 95 of 1966 and was filed by Gita Ram who is the appellant in both the present appeals.

(2.) The facts leading to these appeals are very simple. The appellant Gita Ram was carrying on ancestral business. Banarsi Das one was indebted to one Babu Lal for a sum of Rs. 900/- on the basis of a pronote dated 7-1-1966. He was also indebted to Gita Ram Appellant on the basis of a pronote dated 11-2-1963. Banarsi Das was also indebted to several other persons. He owed Rs. 2700/- to Bohre Basdeo Lal, Rs. 100/- to Ramlal, Rs. 150/- to Rajaram and Rs. 200/- to Madan Gopal. All these debts related to the period much prior to the debts owed to Gita Ram and Babu Lal.

(3.) On 27-9-1963, Banarsi Das sold the house in dispute on his behalf and on behalf of his sons Jagdish Babu and Ashok Babu. As Ashok Babu was a minor, in the sale deed both Banarsi Das and Jagdish Babu signed. The sale deed was registered on 20th August, 1963(?) in favour of the appellant. The property sold was a Kachcha house and a Pakka room for Rs. 2000/-.