DIDAR SINGH Vs. CHANCHAL SINGH

JUDGEMENT

(1.) Shrimati Iso inherited the house in dispute situate in village Jhita Kalan from her father. On 20th January, 1949 she sold this house to Didar Singh for a sum of Rs. 2,000/-. The recital in the deed was that the money was required for purchase of another house and for household expenses. The facts as found on the record are that on 16th February, 1949, she purchased a house at Amritsar at the cost of Rs. 5,000/-. It is further found that she and her husband shifted to Amritsar on or about the time when the house was sold. Shrimati Iso died at Amritsar on 8th April, 1954, and the suit out of which the present appeal has arisen was brought by Partap Singh, a second degree collateral of Shrimati Iso's father. Partap Singh plaintiff died and he is represented by his son. The claim made by Partap Singh was that the sale was without consideration and legal necessity and was not binding on him, and he sought possession of the property in dispute.

(2.) Apart from other matters the main point in dispute was whether the sale was for consideration and legal necessity. The finding of the trial Court was that consideration had passed because Rs. 1,950/- out of the total consideration of Rs. 2,000/- were actually paid before the Sub-Registrar at the time of the registration. He further found that in view of the circumstances in which Shrimati Iso was placed the transaction was one for the benefit of the estate and therefore binding on the reversioners. This latter finding was upset by the learned Additional District Judge and the suit of the plaintiff was decreed. The vendee has come up in appeal.

(3.) The facts as established and found by the trial Court are as follows :-