NATHU Vs. RULLA AND ORS.

JUDGEMENT

(1.) THIS is a rule which was issued by mo on the 12th of April, 1951, on a petition filed by Mr. Dwarka Nath Aggarwal praying that the suit, Nathu v. Ralla, and Ors. 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 he 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. The vendor in this case is a Jut of Nawan wan Pind Jattan, in the Nakodar Tahsil of Jullundur District. According to the rules which have been applied to Jats the right in ancestral land of a male proprietor is a limited one. The right which a Jat proprietor has under custom in land has been described by Sir Mercdyth -Plowden in 'Gujjar v. Sham Das , 107 PR 1887, in the following words at p. 246:

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