LACHMI Vs. ANANT RAM

JUDGEMENT

(1.) This second appeal by defendants arises out of a suit brought by Anant Ram and his brother, Jagdish, for a declaration that the sale of the land in suit by Mathura, deceased husband of Mt. Janki, on 23rd Jeth 1990 in favour of Ram Singh and others would not affect their rights after her (Mt. Janki's) death. The plaintiffs' case was, firstly, that the property in suit was ancestral. Secondly, according to the custom, which bound the parties, such property could not be alienated without consideration and legal necessity and, thirdly, the plaintiffs were minors, when the alienation took place. As such, they filed the suit on attaining majority. Consequently, they sought a declaration, referred to above.

(2.) The suit was resisted on the grounds, firstly, that the defendants were not aware that the property to suit was ancestral. Secondly, the parties were governed, in matters of alienation, by their personal law and not by custom. Thirdly, that the alienation in question was effected for consideration and on account of legal necessity. Fourthly, the alienation was made with the consent of defendant 7, Ganga Ram, who was the manager of the joint family, consisting of the plaintiffs and defendants 7 and 8.

(3.) Four issues were, accordingly, framed by the trial Court, which ran as follows: