JAGARNATH SINGH Vs. DAMODAR SINGH

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit brought by the reversioners of the last mala owner on whose death his mother Mt. Sarupa was in possession. The suit was instituted in the Revenue Court under Section 79 of the old Agra Tenancy Act against the transferees and their lessees, claiming to derive title from Mt. Sarupa. the suit was resisted on the ground that the sale deed was for legal necessity and was binding on the reversioners. It was also pleaded that the case was barred by limitation and that the Revenue Court had no jurisdiction to entertain the suit. They also denied that the plaintiff was reversioner.

(2.) Some of the defendants were the representatives of the last proprietor and the Assistant Collector found that after partition they had become the sole proprietors of these lands. They were therefore also landholders of these plots which were owned by the plaintiff as his fixed rate tenancy. The trial Court held that the suit was not barred by limitation, that it had jurisdiction to entertain the suit, and on the merits it found in favour of the plaintiff and decreed the claim.

(3.) The defendants appealed to the District Judge and re-agitated the question of want of jurisdiction and of legal necessity. At the hearing the counsel for the parties agreed that an issue as to the validity of the consideration and of the existence of legal necessity should be remitted to the Munsif's Court for determination. The Munsif recorded a finding on the issue remitted and possibly went a little beyond it. The learned Judge, on a consideration of the evidence, came to the conclusion that Rs. 746 out of the total consideration of Rs. 999 had been actually taken for legal necessity and that the rest had not been taken. He however found that the property was worth about Rs. 2,100, and therefore the sale was without any legal necessity-He modified the decree of the Assistant Collector and decreed the plaintiff's claim for recovery of possession on payment of Rs. 746 to the defendants.