The main legal point established in the judgment is that findings based on no evidence and misinterpretation of pleadings and evidence are not legally sustainable.

Viney Mittal, J.

1. Mehar Singh and Uttam Singh, defendants No. 1 and 2, respectively, are the appellants before this Court. The said defendants had purchased the land measuring 7 kanals 16 marlas each through two sale deeds dated December 29, 1977 from Jamail Singh, defendant No. 3 father of plaintiff Baltej Singh. The said two sale deeds were challenged by the plaintiff by filing a suit for declaration that the said sale deeds were illegal, void and without legal necessity and ineffective qua the rights of the plaintiff. It was claimed by him that the suit land was ancestral, co-parcenary and joint Hindu Family Property in the hands of Jarnail Singh and, as such, the same having been sold without legal necessity and even without consideration, the said sales did not bind the plaintiff in any manner.

2. The suit filed by the plaintiff was dismissed by the learned trial Court. On an appeal filed by the plaintiff, the judgments of the learned trial Court was reversed. Consequently, his suit was decreed.

3. The defendants have now approached this Court through the Regular Second Appeal.

4. Certain relevant facts be noticed. Baltej Singh filed a suit for declaration that two sale deeds dated December 29, 1977 executed by defendant No. 3 in favour of defendants No. 1 and 2, respectively, were illegal, void, without consideration and without legal necessity and were not binding upon the rights of the plaintiff. It was claimed by the plaintiff that the suit land was ancestral, co-parcenary and Joint, Hindu Family property in the hands of Jarnail Singh and that Jar-nail Singh had sold the said land but the said sale deeds were without consideration and without any legal necessity. It was alleged by the plaintiff that Jarnail Singh, defendant No. 3 (father of the plaintiff) was a man of bad habits and was a big spendthrift and was not in a position to look after his own betterment and to manage his family affairs properly. He was spending money for taking liquor and opium etc. Claiming that the plaintiff and the defendants were governed by Hindu Law in the matters of succession and also that Jarnail Singh could not sell the suit land without consideration and without legal necessity, therefore, the present suit was filed.

5. The suit was contested by defendants No. 1 and 2. In their written statement, they denied the fact that the parties were governed by Hindu law. It was also pleaded that the sales in question were for consideration and for legal necessity. The said sales were also claimed to be an act of good management. The defendants pleaded that Jarnail Singh had three brothers. Jarnail Singh alongwith his brothers succeeded to the property of their maternal grand parents and mother in village Kauni Tehsil Faridkot. Everyone of them had succeeded to the extent of about 15 killas each and thereupon all the brothers had shifted to village Kauni and were living there for the last 20 years. It was further stated that the entire land of all the brother in village Lohke Kalan was under mortgage for Rs. 12,000/-. Jarnail Singh was not deriving any benefit from the said land. Although mutation of the mortgage had not been attested but the land was in possession of the mortgagee. The share of the mortgage amount qua Jarnail Singh was Rs. 3,000/-. Accordingly it was claimed that the sale deeds, each for Rs. 6,000/- in favour of defendants No. 1 and 2 had been executed. Out of the aforesaid Rs. 3,000/- each, were paid before the Sub-Registrar, Jarnail Singh had represented that he required the money for purchase of land in village Kauni and the defendants felt satisfied with the said representation. The defendants further stated that they had executed pronotes for Rs. 4,500/- each in favour of Jarnail Singh, defendant. Rs. 3,000/-represented the sale consideration, which had been recited in the sale deed as haying been received at home and Rs. 1,500/- represented the mortgage amount, since Jarnail Singh had represented that he woul