JAGDISH RAM Vs. JAGAT RAM

JUDGEMENT

(1.) IN order to appreciate the points arising in these proceedings the pedigree-table set out hereunder will be usef ul : jallu ________________________|________________ | | | nagina Phina Jangi | | | amru | Guranditta: Widow (plaintiff) | Aurko _____|__________ | | dhanu Natho (Doad)| jagdish Ram alias jaga (Plaintiff)

(2.) ON the 13th of June, 1932, 'musammat' Aurko sold occupancy rights in the land in suit measuring 23 'kanals' 13 'marlas' to Ram Chand defendant No. 2 for Rupees 800/ -. On the 11th of May, 1933, Natho son of Phina and Jagdish Ram son of Dhanu instituted Civil Suit No. 352 of 1933 for declaration that the sale of occupancy rights by 'musammat' Aurko to Ram Chand defendant No. 2, being without consideration and necessity, would not bind the plaintiffs on the death of Musammat Aurko. Exhibit D. 1, copy of the plaint in that suit, shows that Ram Chand, 'musammat' Aurko and Amru son of Nagina were the defendants in that suit.

(3.) ON the 26th of February, 1934, Civil Suit No. 352 of 1933 was dismissed under Rule 8 of order IX of the Code of Civil Procedure, here inafter referred to as the Code.