1993 Supreme(MP) 393

Faizan Uddin, J.
Dhakola v. Ayodhya
S. A. No. 76 of 1986 (J); Decided on 7.7.1993*.

Headnote:Transfer of Property Act, 1882 -- S. 55 -- transfer by insane person -- gives no title to the purchaser.

        laifRr varj.k vf/kfu;e] 1882 & /kkjk 55 & mUer O;fDr }kjk varj.k & dzsrk dks dksbZ gd ugha feyrk gSA

        The trial Court rejected the defence pleadings and decreed the plaintiffs suit for declaration and possession. But the learned lower appellant Court upset the findings, set aside the judgment and decree and dismissed the plaintiffs suit by holding that it. was the ancestral property of Pahalwan Ahir which was sold without any legal necessity and that at the time of execution of the alleged sale deed Pahalwan Ahir was not of sound mind.

        Held: Learned counsel appearing for the appellant assailed the aforesaid findings by contending that there was no material to support the finding of the lower appellate Court that the suit land was ancestral property and the finding that Pahalwan Singh was insane at the time of execution of the sale deed is against the weight of the evidence on record. I have critically gone through the judgment of the lower appellate Court and closely examined the parties evidence on record and find that both the aforesaid contentions are without any substance.

        As regards the question of insanity of Pahalwan Ahirat the time of execution of the sale deed is concerned, the same is established from the plaintiffs own evidence. In this connection a reference may be made to the statement of Swami Prasad (P.W.2) and Narayan Das (P.W.4). Swami Prasad (P.W.2) in para. 2 of his deposition stated that Pahalwan Ahir had become insane 5-6 years before his death and he died during the insanity. Narayandas (P. W.4) also admitted in para.2 of his deposition that Pahalwan Ahir had become insane in July or August, lY71 and died as insane person. Admittedly, the sale deed was obtained on 12.11.1971 i. e. during the period when Pahalwan Ahir had developed insanity, according to the evidence of the plaintiffs own witnesses discussed above. In addition to this the defendants also adduced evidence in support of their pleadings of insanity. In view of the clinching evidence discussed above it is difficult to take a different view than the one taken by the learned lower appeal Court. The finding is purely a finding of fact which could not be interfered in this second appeal.

        In view of the aforesaid finding it is not necessary to go into the question whether the property sold by the Pahalwan Ahir was self-acquired property or ancestral property because once the sale itself become invalid on account of insanity of the vendur, the question remains only acedemidc. However, un appreciation of evidence there is definite finding of the lower appellate Court that it is ancestral properly of Pahalwan Ahir which again is a finding of fact not open to challenge in this second appeal. This appeal in thus without any substance. Appeal dismissed.