MOHINDER SINGH Vs. ISHAR SINGH

JUDGEMENT

(1.) The appellants are the vendees of the land in dispute. They purchased the land from Santokh Singh vendor by two different sale deeds, dated 10-6-1960 and 15-6-1960 respectively. For the first sale the consideration paid was shown to be Rs. 5,000/- out of which Rs. 2,000/- were mentioned to have been paid at the time of the agreement dated May 9, 1959 and in lieu of Rs. 2,700/-, it was mentioned that Ghulla Singh, Vendee had transferred mortgage rights of land measuring 12 Kanals and 5 Marlas under mortgage with him from one Inder Singh. The remaining amount of Rs. 300/- was paid as charges for registration. As regards the second sale, consideration was Rs. 2,000/- out of which Rs. 800/- were mentioned to be paid at home and Rs. 1,200/- were paid at the time of registration.

(2.) Both the alienations were challenged by four sons of Santokh Singh claiming that the alienations made were without consideration and legal necessity and the property being coparcenary property of Joint Hindu Family, the alienations were void. The suit was contested by the appellants and on the pleadings of the parties the following issues were framed :

(3.) Issues No. 1, 2 and 3 have been decided in favour of the plaintiffs by both the Courts below. As regards issue No. 4, the trial Court came to the conclusion that the first sale was without consideration to the extent of Rs. 2,000/- and the second sale was with consideration. However, the trial Court found both the sales without legal necessity ; whereas according to the First Appellate Court, the consideration regarding both the alienations stood proved, but the same being without legal necessity the decree was maintained. Issue No. 5 was decided against the defendants by both the Courts below.