Judgment

SHAH, J.: One Sashi Bhusan was possessed of a piece of land at Mouza Behala District 24-Parganas admeasuring .98 acres. The land devolved on the death of Sashi Bhusan in 1920 upon his daughter Sarala. Under the Dayabhaga system of law, Sarala inherited the property of her father as a limited owner. Sarala married Kunja Behari. The latter died in 1937 leaving him surviving Sarala, two sons Tulsi and Gobinda, and four daughters Nalini, Kamala, Mangala and Radha. Two of the daughters were married during the lifetime of Kunja Behari. Kunja Behari left no estate except a residential house constructed on the land at Mauza Behala. Kunja Behari was ailing for about one year before his death in 1937. He was in an humble walk of life, and was apparently not profitably employed during his lifetime. At the time of his death the two sons Tulsi and Gobinda were minors.

2. On October 22, 1941, Sarala executed a deed, Ext. E, agreeing to sell a part of the land (.90 acres) for Rs. 1,100/- to Chapalabala wife of Sakha Nath Ghosh. It was recited in the agreement of sale that Sarala had agreed to sell 90 acres of land possessed by her "on account of financial need and to pay off certain debts". Sarala acknowledged receipt of Rupees 101/- as earnest money. It appears that Sarala was for some time thereafter disinclined to carry out the bargain. However on March 13, 1942 she executed a deed, Ext. C, conveying the land agreed to be sold for a consideration of Rs. 1,500/- to Chapalabala and Banikana It was recited in the deed:

"Now on account of financiaI needs and to meet certain debts and out of other legal necessity. I announced to sell .90 acre land at rent of Rs. 23/-- per annum free from defects and encumbrances leaving a portion of homestead land measuring .08 acre."

It was also recited in the deed that Rs. 101/- were paid on the date of the agreement of sale that Sarala had received Rs. 899/- before the date of sale, and Rs. 500/- were paid to her in the presence of the Sub-Registrar. An endorsement of payment of Rupees 500/-before the Sub-Registrar was made by that Officer. The thumbmark of Sarala was attested by Abinash Chandra Chakravarty and the deed was attested by four persons including her son Gobinda.

3. On the date of the sale the rent in respect of the land was in arrears. It also appears that before the date of sale Mangala had been given in marriage and the youngest daughter Radha remained to be married. Sarala had also to provide for food and clothing for at least five persons. Sarala had only a residential house and the land in dispute and she had no source of income.

4. Sarala died on April, 12, 1950. On January 24, 1953 Tulsi and Gobinda sons of Sarala filed a suit in the Court of the Subordinate Judge, 24-Parganas, for a decree declaring that the sale deed dated March 13, 1942 executed by Sarala was not binding upon the plaintiffs, because it was executed without legal necessity. The suit as resisted by Chapalabala and Banikana (defendants 1 & 2) and by alienees of the land from them. The Trial Court held that the sale deed was supported by legal necessity. The learned Judge observed that Sarala was in "strained financial circumstances", and she executed the sale deed to meet expenses for maintaining herself and her family, and for payment of debts. She had to meet municipal taxes, rent for the land, and expenses for the marriage of her daughter Radha. The learned Judge observed that the plea that execution of the sale deed was obtained by fraud, misrepresentation and undue influence was not seriously pressed inasmuch as there was no evidence worth the name adduced" to support that case.

5. Against the decree dismissing the suit the plaintiffs appealed to the High Court. In the view of the High Court there was "no such serious and sufficient pressure on the estate" of Sarala as to compel her to sell her property, and the case of the plaintiffs that she was induced to do so "by persuasion and undue influence of Sakha Nath