AMAR SINGH Vs. RAM DEVI

JUDGEMENT

(1.) THIS is a plaintiff's appeal against a decree passed in appeal by District Judge Bhatia of ludhiana dated the 23rd August, 1948 affirming a decree of the trial Court.

(2.) IN order to understand the case it is necessary to give the pedigree-table of the vendor which is as follows : dan __________________________|________________________________________________ | | | | | | nunabi Uttam Singh Dalla Dayala Khushal Niha Singh | | | | Singh (died childless)| | Ishar (adopted son Suder Singh __|______________ | ______________|______ died childless) (adopetd son)| | | | | Babu Bheru (widow Partap | Harnam Singh Fateh Singh | kaur defdt)| | | _________________|_____________________________ | ___|________________ | | | | | | | | | Arjan Singh Kartar Singh Amar Singh Navraj Singh | Bhopindar Bharpoor | (defdt.) (defdt.) (plff.) (defdt.)|singh (plff.)Singh (defdt)| | _____________|___________________________________________ | | | | | Dharam Singh (plff.) 0nahar Singh (plff.) Kartarsingh (plff.)| |_____________________________________________________________________________ _ | | | | mohla Ishar Singh Prem Singh Sunder | (adpted by Dalla) (defdt.) (adopted by Dayala)________|________________ | | bhagwan Singh Ajaib Singh (plff) | jagga Singh (plff.)

(3.) ON 26-5-1943 Sundar Singh, the adopted son of Dayala sold 9 'bighas 17 'biswas' and 10 'bis-wansis' of land situate'in village Sahnewal Khurd to defendants Nos. 5 and 6 for a sum of Rs. 4,500/ -. On the 11th March 1944, the plaintiffs who are the collaterals of Dayala, the adoptive father of Bunder Singh, brought a suit for declaration that the sale would not affect their reversionary rights on the ground that the land in dispute was ancestral and that the sale was without consideration and necessity. Both Courts have held the land to be non-ancestral, the appellate Court has also held the sale to be not for necessity and the suit speculative and therefore both Courts have dismissed the plaintiffs' suit.