L. HIRA LAL AND ORS. Vs. RONGI RAM AND ORS.
HIGH COURT OF PUNJAB AND HARYANA
L. Hira Lal And Ors.
Rongi Ram And Ors.
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Harnam Singh, J. -
(1.) IN R.S.A. No. 149/E of 1947 Shri Daya Krishan Mahajan, learned Counsel for the Appellants, urges that the Courts below were wrong in deciding that Mt. Ram Rakhi had a widow's estate in the land in suit.
(2.) BRIEFLY summarised the facts giving rise to this appeal are that Karman Mal, who was the last male holder of the land in suit, died in 1903 leaving behind Mt. Sohavi and Mt. Ram Rakhi. Mt. Sohavi is the daughter of Karman Mal and Mt. Ram Rakhi was the widow of Lachha Mal son of Karman Mal. The mutation of the land in suit was, however, sanctioned in the name of Mt. Ram Rakhi on 18 -05 -1903. On 12 -11 -1937, Mt. Ram Rakhi sold the land in suit to Imam Din and Pir Bakhsh for Rs. 600. Hira Lal, Kundan Lal, Harbhagwan and Arjan Das Respondents successfully obtained the land in suit by pre -emption. Mt. Ram Rakhi died in 1943 and on 10 -04 -1945, Mt. Sohavi instituted civil Suit No. 127 of 1945 for the possession of the land in suit alleging that Mt. Ram Rakhi had been in possession of the land in suit in lieu of maintenance and that she had no right to sell the land. In any case, Mt. Sohavi maintained that the sale effected by Mt. Ram Rakhi, being without consideration and necessity, was not binding on her. On 20 -02 -1946, Raungi Ram, Manohar Lal and Mehr Chand instituted Civil Suit No. 59 of 1946 for the possession of the land in suit alleging that Mt. Ram Rakhi had a widow's estate in the land in suit and that the sale effected by Mt. Ram Rakhi, being without consideration and necessity, was not binding upon them. Raungi Ram, Manohar Lal and Mehr Chand are sons of Mt. Durgi, daughter of Lachha Mal.
(3.) IN the trial Court Civil suits Nos. 127 of 1945 and 59 of 1946 were consolidated and disposed of by one judgment. In deciding the points arising in civil Suits Nos. 127 of 1945 and 59 of 1946 the trial Court found that Mt. Sohavi was the daughter of Karman Mal and had a right to challenge the alienation but her suit was barred by limitation. The trial Court then found that the sale in question was for necessity to the extent of Rs. 80, that the suit of Raungi Ram, Manohar Lal and Mehr Chand was within time and that they were entitled to succeed to the land in suit in preference to Mt. Sohavi. On the findings set out above the trial Court dismissed with costs civil Suit No. 127 of 1945 and in civil Suit No. 59 of 1946 passed a decree with costs in favour of Raungi Ram, Manohar Lal and Mehr Chand for the possession of the land in suit on payment of Rs. 80 to Hira Lal, Kundan Lal, Harbhagwan and Arjan Das.;
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