PURAN SINGH Vs. UDHAM SINGH

JUDGEMENT

(1.) This appeal is brought by the plaintiff Puran Singh against an appellate decree of District Judge M. R. Bhatia dated 6-4-1949 reversing the decree of the trial Court and thus dismissing the plaintiff's suit.

(2.) The facts of the case are that Bishan Singh defendant No. 2 sold the land in dispute which was 6 'bighas' 12 'biswas' and 5 'biswansis' for a Sum of Rs. 2,290/by a deed of sale dated the 1st July 1940. Out of this consideration money Rs. 1,520/- was payable on two previous mortgages -- one, a mortgage of the and in dispute for Rs. 1,400/- and the other a mortgage of the house for Rs. 120/-. The former was a mortgage with possession where the interest equalled the produce and the latter was an interest carrying mortgage. There was also Rs. 70/-- for payment of registration expenses. A suit was brought by a third degree collateral to challenge the sale on the ground of its being without consideration and necessity. The District Judge has found Rs. 1,520/-for necessity and the question that has been raised in this second appeal before me is whether this is sufficient to support the sale.

(3.) Their Lordships of the Privy Council in --'Sri Krishan Das. v. Nathu Ram', AIR 1927 PC 37 (A), held that a sale of joint family property where the consideration was Rs. 3,500/- and necessity proved was for Rs. 3,000/-, was a good sale because the real question to be considered in that case was whether the sale itself was justified by necessity. At p. 41 their Lordships said: