NATHU RAM Vs. BALDEV SINGH

JUDGEMENT

(1.) THE only question that falls for determination in this case is whether the land in suit was ancestral qua the Plaintiff. The alienor was Jethu Ram. He effected two mortgages, one relating to 28 bighas and 6 biswas and the other to 3 bighas and 18 biswas. The Plaintiff alleged that since the land was ancestral and the mortgages were without consideration and necessity they did not affect his reversionary interests. The trial Court found the land to be ancestral and granted the Plaintiff a decree with respect to both the mortgages. The Additional District Judge, on appeal, did not go into the question of necessity because his view was that the land was not shown to be ancestral. He, therefore, dismissed the suit in entirety.

(2.) ACCORDING to the pedigree -table, Ram. Dhan was the common ancestor. He had three sons, Nathu, Saudagar and Sunder. Saudagar's son died issueless and we are, therefore not concerned with his branch. Jethu Ram alienor is the grandson of Nathu while the Plaintiff is the grandson of Sunder Kaka, father of Jethu. Ram and Rulia father of Nathu were in existence at the time of the first Settlement of 1962 -63 and the copy of the revenue record shows that the former owned 63 bighas and 1 biswa and the latter 67 bighas and 12 biswas. It was contended by the Appellant's counsel that since the land owned by them was almost equal and the name of the common ancestor was mentioned in the pedigree -table, these facts taken together with the fact that Rulia and Kaka held equal shares in a joint khata raise the presumption that the suit land was once owned by Ram Dhan and had descended upon the alienor by succession. So far as the joint Khata is concerned it may be mentioned that it merely consists of a well in which Rulia and Kaka had 1/6th share, the remaining 5/6th share belonged to other persons all of whom were not even proved to be Brahmins. Accordingly no notice of the existence of the joint khata can be taken.

(3.) THE appeal, therefore, fails and is dismissed with costs.