NATHU Vs. RALLA AND OTHERS

JUDGEMENT

(1.) THIS is a rule which was issued by me on the 12th of April, 1951, on a petition filed by Mr. Dwarka Nath Aggarwal praying that the suit, 'Nathu v. Ralla' and other, pending in the, Court of the Subordinate Judge, Nakodar, be transferred to this Court under Article 228 of the Constitution.

(2.) THE point involved in the case is that a. sale made by Ralla in favour of Dulla, which has been attacked by Nathu on the ground that the sale is without consideration and necessity, cannot be challenged because this is an interference with the fundamental rights which are granted to citizens of this country under Articles 13, 15 (1) and 19 (1). The submission of the vendee is that the suit by the reversioners is an infringement of the right of his vendor to dispose of property and of his right to acquire property and therefore it is contrary to Article 19(1) (f) of the Constitution.

(3.) IN a subsequent case 'Ramjilal v. Taj Ram',, 73 P. R. 1895 (F. B.) which was from the Delhi. Division in his admitting note Sir Meredyth Plowden explained the rule laid down in the previous case in the following words: