M. HIDAYATULLAH, C. J.

( 1 ) THIS appeal is by the defendants, one of whom Tilakchand died during the pendency of the civil suit and only three of the original defendants are now left. Of these, the first appellant Janku was the widow of Laxman, and she transferred 7. 39 acres out of khasra No. 343/1 (left by her husband Laxman) to the other defendants by a registered sale deed dated 28 March, 1951. This transaction was challenged by the plaintiff-respondent successfully in the Court below, and he obtained a declaration that the transfer was not binding on him after the death of mst. Janku. The present appeal is filed against that decision.

( 2 ) IT may be pointed put that the learned counsel for the appellant did not challenge the decision on the ground that legal necessity had been established in the case. The findings, therefore, on the subject of legal necessity, consideration, and the genuineness of the transaction remain unaffected. The appellants have stated their case entirely under the provisions of the Hindu Succession Act, 1956 (Act 30 of 1956), and particularly Chapter III of that Act. A decision of a Full bench of this Court reported in Mst. Lukai v. Niranjan, 1958 MPL

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