CATHOLIC CHURCH Vs. VISHAL KUMAR

JUDGEMENT

(1.) THIS is defendants appeal against the decree of a learned Single Judge of this Court passed on the original side and arises out of the facts which in brief are as under: The plaintiff in his suit assailed 4 transactions relating to the suit property which according to him being ancestral could be alienated only for legal necessity and no such necessity ever existed, and even if it ever existed, the joint family of which father of the plaintiff was the Karta was possessed of a large estate yielding huge income to meet the expenses of any purported need and consequently the transfer was not for any legal necessity and hence is liable to be set aside and possession restored to him. These four transactions are: (1) contract of mortgage executed on 4.5.1960 by his father Yogeshwar Kumar Sharma (deceased) in favour of Dr. Shiv Dass; (ii) contract of transfer of his mortgage rights executed in turn by Dr. Shiv Dass on 12.5 1960 in favour of the appellant; (iii) contract of a fresh mortgage executed on 12.5.1960 by Yogeshwar Kumar in favour of the appellant; and (iv) contract of sale executed by Yogeshwar Kumar on 1.2.1961 and registered on 27.5.1961 in favour of the appellant. The suit was resisted, inter alia, on the ground that the alienation was for legal necessity as the alienation by the father of the plaintiff was for liquidating his antecedent debts and also to meet the expenses of the marriages of his two, daughters. On these pleadings, the parties were joined to the following issues: 1) Is the suit of the plaintiff within time?O. P. P.

(2.) ) Is Doctor Shiv Dass a necessary party to the suit? O. P. D.

(3.) ) Was the property in dispute the joint family property of the plaintiff and defendants 2 & 3? O. P. P