Gurmej Singh And Ors vs Ranbir Singh And Ors
2022 Latest Caselaw 1408 P&H

  202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              RSA-3710-1998 (O&M)
                                              Date of decision: 09.03.2022
Gurmej Singh and others

                                               ....Appellants

             Versus

Ranbir Singh and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. C.B.Goel and Mr. Rajinder Goel, Advocates for the appellants Mr. Inderjeet Singh, Advocate for respondent no.2

ANIL KSHETARPAL, J (Oral)

The appellants are the plaintiffs in a suit for grant of decree

of declaration to the effect that the alienation made by their father was

without legal necessity. Both the courts, on appreciation of evidence,

have concurrently found that the sale was due to legal necessity and the

plaintiffs failed to prove that such sale was not for valid consideration.

Heard learned counsel representing the parties at length and

with their able assistance perused the paper book. Learned counsel

representing the appellants contends that both the courts have recorded a

finding that the sale deed was executed for legal necessity.

It is evident from the reading of the judgment passed by the

learned First Appellate Court that the land in question was under a

mortgage for an amount of Rs.13,000/-. The total sale consideration was

Rs.28,000/-. It has also come on record that Jagir Singh, the vendor

required the money for repayment of the mortgage amount, purchase of

a diesel engine of a tubewell and the marriage expenses of his niece.

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Keeping in view the aforesaid facts, no ground to interfere

is made out.

Hence, dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

09.03.2022                                       (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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