JUDGMENT

1. This is a defendants appeal arising out of a suit brought by three sons of Lallan Lal who along with two of his nephews executed a sale-deed on 9th February 1917, for Rs. 12,500 purporting to transfer two annas share in village Parsauni in the district of Gorakhpur along with a mango tree and one dhur of land in the city of Gorakhpur. This document was presented for registration on 17th February 1917, at the office of the Sub-Registrar of Gorakhpur and inasmuch as on the face of it the deed covered property situated within his jurisdiction he registered it. The plaintiffs claimed that the transfer was without legal necessity and being of ancestral joint family property was not binding on the family. They further alleged that the sale of the mango tree and one dhur of land was wholly fictitious and was never intended to be operative and accordingly the Sub-Registrar of Gorakhpur had no jurisdiction to register the document and the document does not effect a valid transfer. The claim was contested by the defendants. The Court below has found that the property sought to be transferred is joint ancestral property but the sale consideration was all for legal necessity. He has