NACHHITTAR KAUR Vs. KEHAR SINGH

JUDGEMENT

(1.) This Regular Second Appeal was filed by defendants-Tara Singh and Ajit Singh (now deceased) against the judgments and decree, passed by both the Courts below, whereby suit of plaintiff Kehar Singh for setting aside the sale deed executed by his father in favour of the appellants was decreed. Now, during the pendency of this appeal, both the defendants appellants have died and their legal representatives have been brought on record

(2.) The brief facts of the case are that on 25-4-1960, Pritam Singh, father of plaintiff Kehar Singh, had sold 164 Kanals 1 Maria of land to Tara Singh (predecessor of appellant Nos. 1 to 8) and Ajit Singh (predecessor of appellant Nos. 9 and 10) for a consideration of Rs. 19,500/- by stating therein that he was in need of money for purchasing the land, installing the tubewell, paying the loan and for development and improvement of farming. After 4 years of the said sale deed, on 27-11-1964, his son Kehar Singh filed suit for declaration for setting aside the sale deed dated 25-4-1960 on the ground that the parties are governed by custom and his father Pritam Singh vendor (defendant No 1) had no right to sell ancestral property without consideration and legal necessity. It was alleged that the impugned sale was made to the defendants without any consideration and legal necessity This suit was filed by the plaintiff under the Punjab Customs (Power to Contest) Act, 1920 The defendants contested the suit by pleading that the suit land was not ancestral land, parties were not governed by custom; sale deed was executed for consideration and legal necessity and was an act of good management for discharge of debt and for improvement of farming etc

(3.) From the pleadings of the parties, the following issues were framed by the trial Court :