RAM CHAND Vs. DHANI RAM

JUDGEMENT

(1.) This regular second appeal by the defendants-appellants is directed against the judgment and decree dated 28.4.1999, of learned District Judge, Solan whereby, dismissing the defendants-appellants appeal, decree dated 8.1.1992 of learned Sub Judge Ist Class, Arki, passed in a suit for declaration, with consequential relief of possession, filed by respondent-plaintiff Dhani Ram, has been upheld.

(2.) Appeal was admitted on the following three substantial questions of law:

(3.) Factual matrix of the case is not in dispute. Shingaru, husband of one Ajudhya Devi and Jiwanu, father of plaintiff Dhani Ram, were real brothers. They were joint owners of the suit property. Shingaru died in the year 1924. He was issueless, but married to Ajudhya Devi. On his death, Ajudhya Devi inherited his property as a limited owner, known as widow's estate in law, during those days. She made sale of the property, inherited from her husband Shingaru, in favour of the present appellants, on 5.12.1949. That sale was challenged by Jiwanu, brother of Shingaru and father of present respondent-plaintiff Dhani Ram, on the ground that Ajudhya was holder of only widow's estate and also that sale was without legal necessity. Ajudhya and the vendees, who were predecessors of the present appellant-defendant, were impleaded as defendants. Ajudhya did not contest the suit. Predecessors of the present appellants filed a suit and pleaded that sale was for legal necessity. That case was decided by Senior Sub Judge, Mahasu, vide judgment dated 23.1.1951, copy Ex.PW-1/A. The operative part of the judgment read as follows: