JUDGMENT

Daniels, J. - This is an appeal in a suit in which the plaintiff Bhagwat Singh suing as a minor, through his next friend Ram Autar sought to recover possession of property sold by his father Gajadhar Singh on the ground that the property was the joint family property of the plaintiff and his father and that the sale was made without legal necessity. The sale was effected on 9th December 1914 fora sum of Rs. 2,499-11-3. The Court below has held that Rs. 1,780 of the sale price was for legal necessity or antecedent debt and has given the plaintiffs a decree subject to re-payment of this amount. There were a number of defendants to the suit, Gajadhar Singh himself, the original vendees, and subsequent transferees, but the only one with whom we are now concerned is the appellant Chandrika Singh. Chandrika Singh filed a pre-emption suit on the basis of the sale-deed executed by the plaintiff's father and obtained the property under a preemption decree dated the 7th August 1916.

2. The two points urged in this appeal have been:

1. That the burden of proving legal necessity was wrongly placed by the Court below on the defendant;

2. That even on the findings of the Court below the sal