SRIKRISHN DAS Vs. NATHU RAM

JUDGEMENT

(1.) This is an appeal from a judgment and a decree dated March 30, 1921, of the High Court of Judicature at Allahabad which on second appeal reversed a judgment and decree dated February 1, 1919, of the Additional District Judge of Aligarh who had set aside a judgment and decree dated August 30, 1918, of the Subordinate Judge of Aligarh.

(2.) The petition of plaint was at the instance of Nathu Ram and his brothers, sons of one Dungar Mal, and was directed against Kanhaiya Mal who had purchased ancestral property from the plaintiffs father in the year 1902, and the main relief sought was that the sale deed dated December 23 in that year should be declared invalid, and the plaintiffs awarded proprietary possession of the property thus alienated by their father. The property sold consisted of :- 1. One moiety share in a 6 biswa, 5 biswani zamindari share of a property in mauza Daulatpur. 2. A proportionate share in 51 bighas, 18 biswas, 13 biswansis "pukhta" of a zamindari property in the same mauza both situated in the district of Aligarh.

(3.) The plaintiffs were members of a Hindu joint family of which their father Dungar Mal was manager, and were minors at the date of the sale deed, and the eldest of them only attained majority some short time before the suit was brought. The plaintiffs father, Dungar Mal, was made a party to the action but did not defend. He was alive at the date of the trial, but has since died.