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1950 Supreme(P&H) 31

HARNAM SINGH
Jagan Nath – Appellant
Versus
Moti Ram – Respondent


Advocates:
D.N. Aggarwal - for Applt.; F.C. Mital and H.L. Sarin - for Resps. Nos. 11 and 12.

Judgment :- Tarbeni Sahai deft, 1 sold 3 bighas 14 biswas of land for Rs. 454 to Hira Lal. Mutation No. 1318 in respect of that sale was sanctioned on 6-12-1936. Tarbeni Sahai then sold 3 bighas, 3 biswas of land for Rs. 200 and mutation No. 2343 in respect of that sale was sanctioned on 5-9-1937.

2. Jagan Nath, son of Tarbeni Sahai instituted the suit of which this appeal has arisen on 7-11-1945, for a declaration that the sales set out in the preceding paragraph were effected without consideration and legal necessity and that the sales will not affect his reversionary rights after the death of Tarbeni Sahai alienor. The contesting defts. resisted the suit inter alia on the ground that the suit was barred by time. The trial Ct. granted the pltf. declaration to the effect that the sales in question were without consideration and legal necessity and would not be binding upon his reversionary rights after the death of deft. 1. In the trial Ct., the parties were left to bear their own costs. The contesting defts. then preferred an appeal from the decree passed by the trial Ct. on 21-1-1947. The lower appellate Ct. has allowed the appeal leaving the parties to bear their own costs in th




















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