JAFRUDDIN Vs. MOHD SHARUKH KHAN AND OTHERS

JUDGEMENT

(1.) Abdul Rajak, who was owner and in possession of the land in suit sold it to the appellant vide sale deed dated 29.11.1999 (Exhibit P-1/A) for a consideration of Rs.32,000/-. To seek a declaration that aforesaid sale deed was a nullity, respondents brought civil suit No.271 of 1999 alleging that the property in the hands of Abdul Rajak was ancestral and as per custom prevalent in the society of the respondents sale of such property, except for legal necessity, was not permitted. The suit was contested by the appellant by filing a written statement wherein, besides pleading various legal objections, it was denied that that the property in suit could not be sold by Abdul Rajak and that the sale was not for legal necessity.

(2.) After replication was filed, court of Civil Judge (Jr.Divn.), Nuh (in short - 'the trial Court') appraised the pleadings of the parties and framed the following issues:-

(3.) After conclusion of evidence on both the sides, learned trial Court appreciated the same along with the pleadings of the parties in light of the submissions made at bar and came to a conclusion that the respondents could not prove that there was a custom prevalent in the society of the respondents prohibiting sale of ancestral property except for legal necessity and that the sale was not for legal necessity. Accordingly, vide judgment and decree dated 24.1.2002, suit of the respondents was dismissed with no order as to costs.