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1975 Supreme(SC) 251

V.R.KRISHNA IYER, S.MURTAZA FAZAL ALI, K.K.MATHEW, A.N.RAY
Lala Satyanarain Prasad – Appellant
Versus
Gadadhar Ram – Respondent


Advocates:
A.G.Ratnaparkhi, MOHAN BEHARI LAL, W.S.Barlingay

Judgment

RAY, C. J. :- This appeal by certificate is from the judgment dated 9 May 1961 of the High Court at Patna dismissing the appellants suit.

2. The appellant filed this suit for a declaration that the alienation by the appellants father by deeds of sale dated 22 May, 1934 and 29 October, 1934 are null and void. The appellant asked for the consequential relief of possession. The defendants to the suit were of two categories. Defendants Nos. 1 to 14 belong to the first category. Defendant No. 15 is the father of the appellant and is in the second category. Defendants in the first category, were the vendees to the deeds of sale and the appellants father was the vendor.

3. The appellant challenged the deeds of sale on two principal grounds. First the appellant alleged that the appellants father was a minor on the dates of the deeds of sale and therefore the deeds were void. The second challenge to the deeds of sale was on the ground that there was no consideration and no legal necessity for alienation.

4. The Trial Court held that the deeds of sale were not genuine and there was no legal necessity. The Trial Court also held that for a sum of Rs. 231/- only out of the consideration of
















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