NATHU RAM Vs. KANHAIYA LAL

JUDGEMENT

(1.) In this case the question we have to decide is whether the suit of the plaintiffs should stand dismissed as ordered by the lower Appellate Court or whether the plaintiffs are entitled to a conditional decree for the setting aside of the sale complained of and for the return of the property.

(2.) The plaintiffs are the sons of Dunger Mal who, it is alleged, sold certain joint family property on the 23 of December 1902 to the first defendant Kanhaiya Lal. The property which was sold consisted of a moiety share in a 6 biswa 5 biswansi share situated in a village called Daulatpur, entered in the khewat as No. 1. Another item which was sold at the same time consisted of a proportionate share in 51 bighas odd entered in khewat as No. 3 of the same village. This latter item appears to be a share in the " Shamilat Deh."

(3.) The suit was brought in the year 1918 by the two plaintiff's one of whom Nathu Ram had just attained majority, the second plaintiff in the case, Shib Shanker, was still a minor at the time the plaint was filed. There were the usual allegations in the plaint to the effect that the sale had been made without any legal necessity and for the purpose of procuring funds for the plaintiffs father who was addicted to gambling and other vices.