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1973 Supreme(P&H) 142

M.R.SHARMA
Jawala Singh – Appellant
Versus
Lachhman Das – Respondent


Judgment

, J.

1. This judgment will dispose of R. S. As. Nos. 1356 and 1520 of 1969.

2. Udey Chand had made the following four sales:-

-

1. On 24-9-1956 for Rs.1,500/- in respect of land measuring 13 Kanals 1 Marla in favour of Jawala Singh Ajmer Singh and Jagrup Singh, defendants Nos. 2 to 4.

2. On 16-2-1958 for Rs.3,000/- in respect of and measuring 60 Kanals 5 Marlas in favour of Gopal Singh defendant No.5.Vide sale-deed Exhibit D-3.

3. On 6-2-1962 for Rs.500/- in respect of land measuring 10 Kanals 6 Marlas in favour of Manohar Lal defendant No.6 vide sale-deed Exhibit D-2.

4. On 10-7-1967 for Rs.16,000/- in respect of 32 Kanals in favour of Jawala Singh Ajmer Singh and Jagrup Singh defendants Nos.2 to 4 vide sale-deed Exhibit D-8.

These sales were challenged by Lachhman Das respondent who was the son of Udey chand on the ground that the property sold formed part of the property belonging to the Hindu coparcenary and the sale being for no valid necessity was not binding on Lachhman Das, who was entitled to receive possession of this property.

3. Regarding sale of land measuring 13 Kanals 1 Marla made on September 24, 1956, in favour of Jawala Singh, Ajmer Singh and Jagrup Singh,











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