CHANAN SINGH Vs. BISHAN SINGH

JUDGEMENT

(1.) This is a Letters Patent Appeal from the judgment of Chopra, J. dated the 4th June, 1951, allowing plaintiff's appeal, setting aside the judgment of the District Judge, and restoring that of the trial Court. The question which calls for decision in this appeal is whether Tarkhans of village Thuliwal, Tehsil Dhuri are governed by agricultural custom. The facts of this case are that one Sobha Singh had sold 18 bighas and 6 biswas of land for Rs. 1500/- to Bishan Singh appellant by a registered deed of sale dated 15.12.1993 Bk. Chanan Singh respondent a collateral of the vandor instituted a suit challenging the validity of the sale on the usual grounds that the land was ancestral and the transaction of the sale was without valid necessity. It was contended that the parties who were Tarkhans mere governed by the agricultural custom in matters of alienation. The pedigree table reproduced below will show the relationship of the parties :

(2.) The contestants in this case are real brothers and the sale was effected by their first cousin Sobha Singh in favour of Bishan Singh.

(3.) The defendants traversed the plea of the plaintiff on all points and denied that the parties were governed by the rule of custom prevailing among agriculturists. The trial Court framed the following issues :-