GURBACHAN SINGH Vs. JASWANT KAUR

JUDGEMENT

(1.) This is a plaintiffs' appeal against the judgment of a learned Single Judge dated the 5th April 1948, by which he allowed the appeal against the judgment of the Senior Subordinate Judge.

(2.) The facts which have given rise to this appeal are that Gurmej Kaur, widow of Vir Singh, on the 12th of November 1943 sold 5 Kanals 11 Marias of land to Jaswant Kaur for Rs. 2,000/-. This land consisted of four fields Nos. 432, 435, 453 and 426. On the 8th of July 1944, Gurbachan Singh and Harbhajan Singh who have been found to be ninth degree collaterals of Vir Singh brought a suit to contest this alienation on the ground of want of consideration and necessity. This suit was decreed by both the Courts and it was held that the land was not ancestral qua the plaintiffs but was ancestral of Vir Singh, and it was also held that out of the consideration of Rs. 2,000/-, Rs. 1,000/- was for necessity, and the trial Court and the Senior Subordinate Judge held that this amount shall remain a charge on the property. The suit was decreed and the sale was not- to affect the reversionary rights of the plaintiffs except to the extent indicated above.

(3.) The learned Single Judge held that the provisions of Section 6 of the Punjab Custom (Power of Contest) Act II of 1920 applied and as the plaintiffs were collaterals beyond five degrees they could not contest the alienation.