KISHAN SINGH Vs. BACHNA

JUDGEMENT

(1.) THIS petition for revision by the Defendant arises out of a suit to challenge an alienation effected by one Nathu, a third degree collateral of the Plaintiff, on the usual grounds that the land was ancestral and that the sale was without consideration and necessity. 3 big has 19 bis was of land was sold by Nathu by a registered deed dated 16th Chet 1988 for Rs. 300/ - to Kishan Singh Petitioner. The suit to impugn this sale was brought by the Respondent on 22nd Bhadon 2003 i.e. more than 14 years after. Both the Courts below have found all the issues raised in the case against the Defendant and have granted the Plaintiffs a declaration that after the death of the vendor. The Defendant has, come in revision to this Court.

(2.) THE main point urged by S. Tirath Singh, the learned Counsel for the Petitioner, is that the District Judge was not right in holding that the timer barred antecedent debt which formed a part of the sale -consideration could not be regarded as valid necessity for the sale. Rs. 255/ - out of the sale. consideration was to be credited towards a debt due to the vendee and this was recited as the necessity for which the sale was effected The remaining amount of Rs. 45/ - was paid be -fore the Sub -Registrar. The Defendant produced [his account book in which a balance for Rs. 100/ - was struck by Nathu on Jeth Shudi 4, 1981, and got it proved by the evidence of its scribe Jethu Mai. The balance contains the name of Jethu Mai as its scribe and also purports' to bear the attestation of one Jit Singh and the thumb impressions of Nathu and Sant Singh, Anr. marginal -witness. The Defendant as his own witness placed on record the accounts which lead to this balance of Rs. 100/ - and deposed that the sub -sequent accounts could not be produced because they got lost in the debris of his house that has fallen. From his.' statement it appears that some other balances were also struck but they could not be produced probably because of the lapse of time.

(3.) FOR all these reasons this petition is accepted with costs and the decree of the District Judge set aside. The suit stands dismissed.