Judgment

RANGANATHAN, J.:- Nawal Singh sold 102 bighas of land to Nathu Ram for Rs. 8000/- by a sale dated 1lth February, 1952. He also executed a sale-deed in respect of 90 bighas of land to Sardha Ram for a sum of Rs. 4,500/- on 28th October, 1952. There were recitals in the two sale-deeds regarding the necessity for the sale. The first sale-deed stated :

"(1) The land is Banjar Qadim. According to the law in force, it is obligatory to break and cultivate this land. Otherwise the Government would give it out by auction to some other person.

(2) I need money to bring other land under the plough, to sink a new well and for other agricultural works, such as purchases of bullocks etc. "

The recitals in the second sale-deed dated 28-10-1952 ran as follows:

"I have absolutely sold the aforesaid banjar qadim land...... for meeting my own needs, repairing the well, installing a persian wheel, purchasing camel, and reclaiming the aforesaid banjar qadim jungle land."

2. Nawal Singhs heirs filed suits for setting aside the sales on the ground that they were governed by Punjab Agricultural customs in matters of alienation, that the land was ancestral and that the alienation had been made without