LAKHMI SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This is a plaintiffs appeal against a judgment of a learned Single Judge of this Court arising out of a suit for possession by cancellation of a sale-deed dated 21st December 1931, executed by the plaintiffs brothers Bhup Singh and Tilok Singh, defendants 5 and 6 respectively.

(2.) The sale-deed was executed by those defendants in favour of one Jodhan Singh, father of defendants 1 and 2 and husband of defendants 8 and 4 for Rs. 2132-8-6. The items of the sale consideration were these:

(3.) So far as items 2 and 3 are concerned, there are concurrent findings by the Courts below that only Rs. 90, out of the second item had been taken for legal necessity, there being no such necessity for the balance of that item or for any portion of the third item.