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1968 Supreme(P&H) 94

P.C.PANDIT
Goverdhan Dass – Appellant
Versus
Darshan Singh – Respondent


JudgmentJudgment


1. One Pakhar Singh made a number of sales of separate parcels of land in favour of different vendees on different dates. Two such alienations were made on 8th of August 1959 and 24th of August 1959. The former was with regard to 14 Kanals 1 Marla of agricultural land situate in village Ali Chak in district Jullundur for Rs.1400 and the other regarding 8 Kanals in the same village for Rs.800. Both these sales were made in favour of Guftat Mal. On 30th of January, 1963, Darshan Singh and two others, who were the sons of Pakhar Singh, brought a suit in forma pauperis challenging the various alienations including the two mentioned above made by their father for a declaration that the said alienations were without consideration and legal necessity and, consequently, not binding on the reversionary rights of plaintiffs, as the properties alienated were ancestral ones. In this suit Guftar Mal Was impleaded as defendant No.4. While the enquiry as to the pauperism of the plaintiffs was proceeding, on 8th of June 1963, the plaintiffs filed an application to the effect that Guftar Mal was already dead when the suit had been filed by them and that fact was not within their kno
























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