LAWS(P&H)-1976-3-18

HARI SINGH Vs. RAM DHARI AND OTHERS

Decided On March 23, 1976
HARI SINGH Appellant
V/S
Ram Dhari And Others Respondents

JUDGEMENT

(1.) THIS second appeal is directed against the judgment dated April 24, 1965, rendered by the learned Additional District Judge, Ambala. A usual suit for declaration was filed by the Appellant who alleged in the plaint that sale of 182 Kanals and 2 Marias of ancestral land made by Kali Ram and Pehlada his father and uncle respectively, on February 28, 1963, for a sum of Rs. 11000/ - in favour of Respondents Nos. 1 to 4 was void and ineffectual against their reversionary rights after the death of the said Kali Ram and Pehlada. He had alleged that the sale was for no consideration and necessity. The parties went to trial on the following issues:

(2.) ARE the Plaintiff and the vendors governed by Customary Law in matters of alienation and succession ? If so, what is that custom ?

(3.) DID Defendants 5 and 6 sell land beyond their shares ? If so, what is its effect ?