LAWS(RAJ)-1958-3-23

HIRA LAL GANGA SAHAI Vs. JAGDISH

Decided On March 20, 1958
Hira Lal Ganga Sahai Appellant
V/S
JAGDISH Respondents

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for recovery of money.

(2.) THE plaintiff Hiralal and one Ram Chandra were vendees of a certain property sold by Kishanlal on 28 -6 -1938, for a sum of Rs. 1150/ -. On the 9th of July, 1938, Jagdish instituted a suit on the allegation that he was the adopted son of Kishan Lal, and the property was ancestral property, and that the sale had been made without any legal necessity, nor for an antecedent debt. That suit had a chequered career, but the final decision oE the High Court of Alwar was given on 14 -2 -1941, that the property was ancestral, that Jagdish was the adopted son of Kishanlal. that there was no legal necessity for the sale, and that the debt, which could be called antecedent, was only a sum of Rs. 290/ -.

(3.) THE trial court dismissed the suit by judgment dated 24 -5 -1950. The finding of the trial court was that the sale was without consideration. On appeal, the learned District Judge held that the question as to the passing of consideration was res judicata. The Court of first appeal in the earlier case had held that the sale price had been paid to the vendor, and the High Court in setting aside the sale on payment of Rs. 290/ - had impliedly accepted that finding.