LAWS(PAT)-1957-7-12

JANKI KUER Vs. CHHATHU PRASAD

Decided On July 23, 1957
JANKI KUER Appellant
V/S
CHHATHU PRASAD Respondents

JUDGEMENT

(1.) This appeal was originally filed by defendant No. 1, Mosammat Janki Kuer. Later, some other defendants were transposed to the category of appellants. The suit was by the reversioner for a declaration that the several alienations mentioned in the plaint made by defendant No. 1 were not binding upon the reversioners because the alienations were not justified by any legal necessity. In the view which we have taken of 'this case, it is not necessary to deal elaborately with the facts, but it would be better to state a short genealogy of the family of defendant No. 1. <FRM>JUDGEMENT_674_AIR(PAT)_1957Html1.htm</FRM> The suit is by Chhathu Prasad, one of the two sons of Jadunandan Lal.

(2.) The defence was that the alienations were justified by legal necessity, and, therefore, binding on the reversioners.

(3.) The Court below held that several of the alienations were valid and for legal necessity and others were not valid and binding upon the reversioners. Defendant No. 1, the alienor, as already mentioned, originally filed this appeal, and, thereafter the alienees have also got themselves transferred to .the category of appellants.