DEVI SINGH Vs. MEGH SINGH AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the Plaintiffs -Appellants challenging the judgment and decree passed on August 10, 1979, by the Additional District Judge, Mandi allowing the appear of Defendants -Respondents and thereby setting aside the judgment and decree passed on June 26, 1972 by the Senior Sub -Judge, Mandi, decreeing the suit of the Plaintiffs -Appellants.

(2.) The Plaintiffs instituted a suit for grant of decree for possession of the suit land on the allegations that the land was originally owned by Paddu. On his death, the estate was enjoyed by his widow Smt. Achri as a limited owner, who, on December 7, 1950, by executing a deed of sale sold the suit land in favour of Keshav and Titia Defendants. The sale was challenged by the Plaintiffs as reversioners of Paddu by instituting a suit claiming a decree for declaration that the sale was invalid for want of legal necessity and consideration The suit was dismissed but the learned Additional District Judge, Mandi, on November 25, 1958 granted a decree in favour of the Plaintiffs declaring the sole to be null and void on their rights.

(3.) Smt. Achri died in the year 1969 and on May 4, 1970, suit for possession was filed by the Plaintiffs, out of which the present appeal has arisen.