PARIKISHAT SINGH Vs. SUNDA

JUDGEMENT

(1.) This is a plaintiffs' appeal against an appellate decree of District Judge Maharaj Kishore dated the 16th May, 1949 confirming the decree of the trial Court dismissing the plaintiff's suit for declaration.

(2.) Ganpat Singh sold the property in dispute for a sum of Rs. 800 in favour of Sunda. The third degree collaterals of Ganpat Singh sued for having the sale set aside on the ground that it was without consideration and legal necessity. The District Judge found that three-fourths of the land in dispute was ancestral and one-fourth was non-ancestral and necessity had been established to the extent of Rs. 125 only. He also found that in this village of Shahjahanpur in the Rewati tahsil of Gurgaon District the Rajputs had an unrestricted power of alienation.

(3.) The plaintiffs have come in appeal to this Court. By my order dated the 17th September, 1953 I remanded the case under Order 41 rule 25 of the Code of Civil Procedure to determine the following facts in regard to the alienations contained in Exhibits D.3 and D.4. The alienations contained in Exhibit D. 19 were all of non-ancestral property. The points on which I wanted the opinion of the Courts below were -