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1965 Supreme(All) 184

B.DAYAL, S.D.KHARE
Mahendra Singh – Appellant
Versus
Attar Singh – Respondent


Advocates:
H.C. Sharma and Swami Dayal, for Appellant; B.L. Yadav, for Respondents.

Judgement

B. DAYAL, J. :- These are two connected appeals both arising out of two suits filed by Attar Singh against Mahendra Singh and Jeet Singh referred to this bench by a learned Single Judge. Both the suits nos. 145 of 1954 and 333 of 1954 were heard together. The former suit no. 145 of 1954 was treated as the main suit. The allegation of the plaintiff was that the sale deed executed by his adoptive father Jeet Singh in favour of Mahendra Singh was without legal necessity, without consideration and was in respect of the joint family property in which he was also interested as the adopted son and the sale deed was, therefore, invalid. There were proceedings under section 145, Cr. P.C. and the agricultural plots and their crop had been attached in criminal proceedings. The second suit was, therefore, filed for a declaration that the attached, property, namely, the crop belonged to the plaintiff and was liable to be released in favour of the plaintiff. The defence taken to both these suits was that Jeet Singh had a right to sell the property, that there was legal necessity and there was valid consideration for the sale. It was also denied that the plaintiff was an adopted son of J








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