CHAUKAS Vs. DUNI CHAND

JUDGEMENT

(1.) WHEN further hearing in this case commenced, learned Counsel submitted that though appeal was admitted on following substantial question of law No. 1 framed alongwith the appeal, but according to both of them, it is required to be recast:

(2.) THEY further submitted that after the aforesaid substantial question of law is recast, they do not need any time because according to them, they are ready to argue the matter. Substantial question of law and its recast is as under:

(3.) GROUNDS of challenge were, that the land was ancestral qua Plaintiff and Defendant No. 2. Since they belonged to Gaddi agriculture community, they were governed by custom in the matter of alienation and succession. Therefore ancestral property could not be sold without legal necessity. Thus a declaration was sought to the effect that the sale in favour of the Defendant No. 1 being false, fictitious, without consideration and without any legal necessity, against law and custom, as such was null and void and would not effect the reversionary right of the Plaintiff, on the death of Defendant No. 2.