RAM MURTI Vs. KABAL SINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal arises out of a usual declaratory suit under custom. Phul Singh Defendant is the brother of Ram Murti alias Ram Chand Plaintiff. He made, the following four alienations of his land -

(2.) THE learned trial Judge found for the Plaintiff that the parties are governed by custom in matters of alienation, that the alienated lands are ancestral qua the Plaintiff and the alienor, that the alienor is a man of reckless and extravagant habits and has wasted the estate to the injury of the' reversionary interests of the plaintiff and that all the alienations are without legal necessity. -' The suit of the Plaintiff was decreed qua. all the four impugned alienations.

(3.) THE procedure adopted by the learned Additional District Judge, assuming for the moment that the remand of the case was justified, was entirely un -warranted, and in the view that he took, the only course open to him was to settle the issue and then follow the procedure as given in Order 41, Rule 25, Code of Civil Procedure, in which case the appeal would have still remained pending in -his Court for disposal till after the receipt of the evidence and finding on the issue by the trial Court.