KARAM CHAND Vs. RAM SINGH

JUDGEMENT

(1.) This Regular Second Appeal by the plaintiffs is directed against the judgment and decree, dated 11.9.2007, of learned Additional District Judge, whereby appeal filed by the appellants-plaintiffs against the judgment and decree, dated 18.11.2002, of the trial Court, dismissing their suit, has been dismissed.

(2.) Appellants-plaintiffs filed a suit for declaration that sale of 1/7th share in land measuring 2504 square metres, bearing Khasra No. 35, by proforma respondent Swaroop Kumar, hereinafter called vendor, in favour of respondent No.1 Ram Singh, hereinafter called vendee, was contrary to the custom governing parties, in the matter of alienation of ancestral property, the property being ancestral and the sale having been made without legal necessity.

(3.) Suit was contested by the vendee-respondent No.1. He denied that the parties were governed by custom in the matter of alienation. He also denied that property was ancestral. Also, it was pleaded that sale had been made for legal necessity, as the money was required by the vendor to repay loan raised from a bank.