( 1 ) THIS is a defendants appeal against the judgment passed by a learned single Judge of this court. It arises out of a. suit for declaration. Two sale deeds were executed by Mt. Hubraji, widow of one Munnu Lal--one on 19th May 1939 for a sum of Rs. 100, the property conveyed by this sale deed consisted of certain groves and trees which had belonged to Munnu Lal, and the other on 7th November 1939, for a sum of Rs. 500 and the property conveyed by this sale deed was a residential house which had belonged to Munna Lal and which had come down to Mt. Hubraji as the widow of Munnu Lal. Both of these sale deeds were in favour of the defendants-appellants. The suit was instituted by the plaintiffs, Ram Sukh and Ram Nath, who claimed to be the daughters sons of Munnu Lal. The claim was only for a declaration that the transactions evidenced by these sale deeds were not binding upon the plaintiffs. The plaintiffs case was that the sale deeds were without consideration and that further they were not supported by legal necessity. It was also alleged by the plaintiffs that these transactions were vitiated by fraud and misrepresentation.

( 2 ) THE suit was contested upon the pl