RAMJI LAL Vs. BABU LAL

JUDGEMENT

(1.) THE plaintiffs having concurrently remained unsuccessful before the learned two courts below have approached this Court through the present regular second appeal.

(2.) A suit for declaration was filed by the plaintiffs claiming that decree dated November 27, 1980 suffered by defendant Nos. 2 and 3 in favour of defendant No. 1 was illegal, bad, ineffective and not binding upon the rights of the plaintiffs. It was claimed that the aforesaid decree had been suffered by defendant Nos. 2 and 3 with regard to ancestral property and, therefore, the alienation of the aforesaid ancestral property being without consideration and without any legal necessity was against the customary law.

(3.) THE learned trial Court on the basis of the evidence available on the record found that the plaintiffs have completely failed to prove that the property in question was ancestral in the hands of Khub Ram, predecessor-in- interest of defendant Nos. 1 to 3. On that basis, it was held that the plaintiffs had no locus standi to challenge the aforesaid decree dated November 27, 1980. Additionally, it was held that the said decree had not been passed on the basis of any fraud and also did not require any registration. On the basis of the aforesaid findings, the suit filed by the plaintiffs was dismissed.