MADHUBAN GANDA Vs. BASANTA KHETRI

JUDGEMENT

(1.) This is a plaintiffs second appeal against a judgment of reversal, dismissing their suit for a declaration of title to and recovery of possession over certain lands appertaining to or comprising an occupancy holding. The following genealogical table is relevant: MARKANDA It was alleged that the occupancy holding comprising Schedules A and B of the plaint were the ancestral property of this family, but without the knowledge or consent of the plaintiffs, defendant 1 purchased the lands from defendants 2 to 4 by two unregistered sale deeds (Exs. C and D), dated 29-2-1986, one for Rs. 100 and the other for Rs. 300. The plaintiffs alleged that the sales were not for legal necessity, and were in contravention of Section 12, Central Provinces Tenancy Act, 1920, under which the parties living in the Dhariar tract are governed, and were also void for non-registration of the sale deeds.

(2.) Defendant 1 contested the suit, alleging that the sales were for legal necessity, for payment of arrears of rent and family maintenance, and the sale deeds were valid and binding on the plaintiffs.

(3.) The Munsif held that the lands belonged to Markanda, and after his death devolved on Tirtha. The sales were for legal necessity of the family, and ever since the sales defendant 1 had been in possession, that is to say for four years, but the transfers were invalid both for lack of registration and as contravening the provisions of Section 12. Hence he decreed the suit.