GAURI SHANKAR Vs. JIWAN SINGH

JUDGEMENT

(1.) This appeal concerns property which is undoubtedly family property. It was sold for family necessity, so alleged, at the price of Rs. 4,000. There is no allegation made upon the record, or suggested in any respect, that the property was sold for the payment of any debts for immoral purposes. 7 The only question is as to family necessity.

(2.) A certain practice appears to have crept up in the Allahabad High Court of investigating and settling these cases upon the principles of accounting. If, upon a strict accounting, it is found that, although it be completely established that by far the most substantial part of the consideration was for family necessity, yet if a certain balance of the price remains unaccounted for, or insufficiently proved, then by that result the parties interests are to be judged, and the sale is set aside, conditionally upon the repayment by the vendor or his representatives of the substantial part referred to.

(3.) It is manifest that this practice imperils transactions of sale which, in their real essence and substance, are sales made for family necessity.