LACHMAN DUBE Vs. AMBIKA DUBE

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a suit for recovery of possession of a one anna 15-gandas and odd zemindari share by cancellation of a sale-deed dated the 18 May 1908, executed by Deoki Nandan, grandfather, Chandrika, father, and Ram Behari uncle of the plaintiffs along with one Parshotam who was a nephew of Deoki Nandan, the grandfather of the plaintiffs. The property sold by the said sale-deed was a two-annas 13-gandas and odd share out of which 17- gandas and odd belonged to Parshotam and I am not concerned with that share in the present appeal. The remaining share, viz., the share in dispute was sold by the remaining vendors for a sum of Rs. 1,000.

(2.) The plaintiffs allegations were in the common form jointness of the family, the property in dispute being joint ancestral property of the family, and an assertion of the absence of any legal necessity for the sale.

(3.) The suit was resisted by the defendants substantially on three grounds. Firstly, that the plaintiffs were not born on the date of the execution of the sale- deed and as such had no right to maintain the suit. Secondly, that the property in dispute was not ancestral property and as such the plaintiffs had no right or interest in the same, and thirdly, that the entire sale consideration was for legal necessity. The first Court overruled the first plea taken in defence noted above, but held that the plaintiffs had failed to prove that the property in dispute was the joint ancestral property and further held that the entire sale consideration of Rs. 1,000 was for legal necessity. On these findings the trial Court dismissed the suit of the plaintiffs.