SADHU Vs. SUCHET SINGH

JUDGEMENT

(1.) Rulia held ancestral agricultural land. More than 65 years ago, he sold it to the defendants or their predecessors-in-interest. Nathu son of kapur filed a suit under custom to challenge the sale as being without legal necessity and consideration. The first appellate Court by judgment and decree dated 31st August. 1925 finally decreed the suit declaring that the same was without legal necessity and did not affect the reversionary rights of Nathu. However, since consideration for Rs. 1648/- and 12 annas was proved it was further held that the property would be subject to the charge for the aforesaid amount which the next reversioner would be liable to pay at the time of seeking possession.

(2.) Rulia alienor died on 22nd May, 1971 and without loss of time suit for possession of land was instituted on 31.7.1971 by Sadhu son of Nathu son of Kapur, that is, son of the reversioner who had filed the earlier suit in which he had successfully assailed the alienation. In paras 5, 9 and 11 of the plaint it was pleaded that Nathu the father of the plaintiff had filed the previous suit and he was his sole heir and was entitled to the benefit of the decree dated 31st August, 1925 and to take possession of the land, as Rulia alienor died on 22nd May, 1974. The aforesaid date was given as the date of cause of action in favour of the plaintiff.

(3.) In the written statement bare denial, or lack of knowledge was pleaded. For the points which require consideration in the second appeal, reference would be needed only to issues No. 1 and 5, which are as follows :-