MAHESHU Vs. PARSHOTAM SINGH AND ORS.

JUDGEMENT

(1.) Karor Singh respondent No.4 was the owner of the suit land described in the plaint. He on 23rd January, 1964 transferred the suit land through a registered sale deed in favour of one Sh. Mahenshu appellant for a consideration of Rs. 3,000/ -. This sale was challenged by the plaintiff -respondents 1 to 3, who happened to be the sons of vendor Karor Singh, it was pleaded that suit land was ancestral and as per custom same could not have been sold by the father of the plaintiffs except for legal necessity. According to the plaintiffs, sale was made only to defeat the rights of the plaintiffs as there was no legal necessity to sell the said land nor any consideration had actually passed. Plaintiffs sought declaration that on the basis of the custom referred to above, sale effected by their father of the suit land was legally not maintainable and after the death of the vendor, their father, it was legally ineffective to their right of inheritance

(2.) Present appellant Maheshu contested the suit and pleaded that land in dispute was not ancestral one nor the vendor and plaintiffs were governed by custom alleged by the plaintiffs. According to the defendant, sale was for legal necessity and for consideration and as a consequence thereof was valid one.

(3.) Parties were put to trial on the following issues by the trial Court: -