CHADI SAHI AND ORS Vs. NATHU LAL CHOWDHRY

JUDGEMENT

(1.) This was a suit by the' sons and grandson of one Nirbhoy Sing to set aside a sale made by their relative to the defendant Soambur Sing, on the ground that it was effected without their consent, and was not justified by any such necessity as the Hindu law allows. The property sold consisted of a 2-anna share of mouza Ikbarpore, and it is admitted that it formed part of the ancestral estate of the family.

(2.) The defendant Nathu Lal Chowdhry, the purchaser at the auction sale of Soambur's right and interest in the estate, and the only defendant specially interested, defended the suit on the ground, first, that the claim was barred by the law of limitation; and, secondly, that Nirbhoy was justified in selling to Soambur by reason of urgent necessity.

(3.) The Subordinate Judge decreed for the plaintiffs unreservedly, holding the sale to be void; but the Additional Judge, although he concurred with the principle of the first Court's decision, amended its decree in the first instance in favour of the auction-purchaser, by directing the plaintiffs to refund the purchase-money before executing their decree for possession. This part of his order was however altered on review, and the final decree was that the two younger sons and the grandson of Nirbhoy should recover the shares unconditionally; that Chadi Sahi, the eldest son, who was of age when the sale was made, should get his share, on payment of a proportionate share of the defendant's purchase-money; and that the remaining share, i.e., that of Nirbhoy himself, should remain in the defendant's possession.