DODA RAM Vs. MANGAL

JUDGEMENT

(1.) This is an appeal against a judgment and decree of Mr. Mohammad Amir-ud-Din Khan, District Judge Dujana State, granting to the plaintiff a declaratory decree.

(2.) The facts of the case are that Ram Sarup the father of the plaintiff stood surety for Gania in two criminal cases, the amount of the surety bond being Rs. 5000/- in all. Gania absconded and Ram Sarup thus became liable for payment of Rs. 5000/-. The land in dispute was sold by auction by the State and was, for a sum of Rs. 5000/-, purchased by Dud Ram and others in the auction. But as it was found that the auction would not be legal Ram Sarup sold the property to defendants 1 to 9 on 27-8-1944 for a sum of Rs. 4,583/-.

(3.) Mangla, a son of Ram Sarup, then brought a suit for declaration that the sale was without consideration and necessity and would not affect his reversionary rights. The plaintiff alleged that he was governed by Hindu law as well as custom. The plea of the defendants was that they were governed not by Hindu law but by custom, that the sale was for consideration, and for necessity and that Ram Sarup had unlimited powers of alienation.