R.N. Mittal, J. - (1.) This second appeal has been filed by the plaintiffs against the judgment and decree of the Additional District Judge, Patiala, dated 26th August, 1974.
(2.) Briefly, the facts are that Ram Saran Dass, father of the plaintiffs and Janak Raj defendant No. 3, sold land measuring 28 Big -has 16 Biswas situated in village Kalar Bhaini in favour of defendant No. 1 for a consideration of Rs. 1,728/ - vide registered sale -deed dated 23rd March, 1957. It is alleged that the plaintiffs and defendant No. 3 constituted a joint Hindu family with their father and the suit land was a coparcenary property. It is further averred that the sale has been effected by defendant No. 2 in favour of defendant No. 1 without consideration and Legal necessity. Subsequently, defendant No. 1 sold the property in favour of defendant No. 4, vide sale -deed dated 4th May, 1959, for a consideration of Rs. 2,500/ -. Consequently, they filed a suit for possession of the land.
(3.) The suit was contested by defendants Nos. 1 and 4. Defendant No. 1 controverted the allegations of the plaintiffs and denied that they constituted a joint Hindu family with their father and that the property was a joint Hindu family property. He also pleaded that the sale was effected for consideration and legal necessity. Defendant No. 4 in a separate written statement took similar pleas.;