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1956 Supreme(P&H) 114

G.L.CHOPRA, BISHAN NARAIN
Hari Kishen – Appellant
Versus
Hira – Respondent


Judgment

Bishan Narain, J.

1. Salig Ram was the last male holder of the property in dispute in this litigation. On his death his widow Mst. Puni entered into possession of this property. By sale-deed, dated the 7th June, 1946, she sold it to Rain Chand, etc., for Rs. 5,000 and gave possession to the vendees. Sale deed mentions the necessity for this transaction as payment to previous mortgagees and requirement of money for maintenance of the vendor and for her going on tirath yatra. According to the document Rs. 3,200 were paid in cash to the vendor and Rs. 1,800 were left with the vendees for payment to trie previous mortgagees. The present suit was filed on the 21st August, 1946, by Hira, etc., for the usual declaration that this sale would not affect their reversionary rights on the ground that it was effected without consideration and legal necessity. The vendees contested, the suit on various grounds. The suit, however, was decreed by the trial Court on the findings that parties were governed by custom in matters of inheritance and alienation, that the vendees had not paid Rs. 1,800 to the previous mortgagees and that the payment of Rs. 3,200 to the vendor was not for legal nec








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