Decided on October 10,1991

GITAN DEVI Appellant
PRITAM SINGH Respondents


D.P.SOOD,J. - (1.) On 17 -2 -1965 Shri Nidha sold the Suit land to Smt. Gitan Devi, defendant No. I for a consideration of Rs. 1,200 vide registered sale -deed of even date. The vendors sons have brought action for the usual declaration that the sale in question shall not effect their rights to succession to the estate after the death of their father.
(2.) The case set up by the respondents, as plaintiffs, in the trial Court is that their father is addicted to alcohol and had been spoiling his property in reckless manner despite the fact that there was no legal necessity to sell the property as such the sale referred to above is not binding upon the plaintiffs. Defendant No. 1 controverted these facts and maintained that the sale was for legal necessity and out of consideration of Rs 1,200, Rs 630 was to be paid on account of mortgage and Rs. 390 was paid before the Sub -Registrar and Rs. 180 was spent for the registration She also denied that defendant No. 2 the vendor is addicted to drinking and the sale consideration has not been paid Maintainability of the suit on the ground of collusiveness has also been questioned by her.
(3.) The factum of the suit land measuring 3 kanals 8 marlas i.e. l/3rd shere of the land contained in khata khatoni No 106/140 khasra No. 863 situate in Tika and Mauza Bhadiara Tehsil and District Kangra, (shortly referred to as the suit land), being ancestral and the parties being agriculturists and being governed by Kangra custom have not been controverted.;

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