KAJOR Vs. KALYAN DAS

JUDGEMENT

(1.) THE suit out of which this second appeal arises was instituted by Jagannath for a declaration that the sale deed dated 1st May, 1951 executed by Mst. Gaindi defendant No. 2 in favour of Kalyandas in respect of properties mentioned in paragraph 2 of the plaint was null and void and was inoperative against him. It was alleged that the plaintiff and Kanahiyalal deceased husband of Mst. Gaindi were real brothers being the sons of Mahadev and lived in jointness till Kanahiyalal's death after which the plaintiff inherited the entire ancestral property by survivorship and Mst. Gaindi was entitled to a right of maintenance only and had no right to sell even half the property in favour of Kalyandas. It was alleged that the defendant No. 1 was a near relative of Mst. Gaindi and the sale in his favour was bogus and collusive.

(2.) DEFENDANT No. 1 contested the suit and averred that the sale deed was effected by Mst. Gaindi for legal necessity i. e. , to clear off the debts borrowed for the medical treatment of her deceased husband and for her own maintenance. It was also averred that Kanahiyalal lived separately from the plaintiff and was in possession of his separate share of the property, which Mst. Gaindi had transferred by the sale deed.