JUDGMENT

Arijit Pasayat, J.—Challenge in this appeal is to the legality of judgment rendered by a learned Single Judge of the Punjab and Haryana High Court at Chandigarh in second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘CPC’).

2. Background facts in a nutshell are as follows:-

One Ajit Singh was a common ancestor of the appellants and the respondents. The respondents as plaintiffs had filed a suit for declaration to the effect that they are owners to the extent of 17/24 share in the 107 Kanals and 2 Marlas of land, out of 151 Kanals 5 Marlas of land in dispute which had been allotted to their common ancestor Ajit Singh at the time of consolidation. Ajit Singh was a man of full vices, a spend-thrift person and had sold his land to one Bishan Singh without consideration and legal necessity. Joginder Singh, ancestor of the present appellants 1 to 5 and 7 had filed a suit for declaration that said sale was without consideration and legal necessity and as such void and had no effect on the reversionary rights. The said suit was decreed up to the High Court. Before this Court a compromise was arrived at between Joginder Singh and Bishan Singh in wh