- (1.) Atma Ram respondent No. 2 was the owner of the suit land measuring 13 Kanals 19 marlas situated in village Shamu District Ambala. He sold that land to the present appellant Chhajju Ram for Rs. 2500/- by means of a registered sale-deed dated 20th August, 1963. Present respondent No. 1 Kapuria, who is alienor's father's brother's son, filed the usual suit under the custom challenging the sale. He alleged that he and defendant No. 1, (i.e Atma Ram) were Kaharas by cast and were governed by general agriculture custom in the matters of alienation under which a male proprietor was not competent to alienate and sell land without consideration and legal necessity. According to him, the land was ancestral qua him and the alienor and the impugned sale was without consideration and legal necessity.
(2.) Chhajju vendee contested the suit. He pleaded that the sale was for consideration and legal necessity. He denied all other allegations of the plaint.
(3.) Upon the allegations of the parties the learned trial Court framed the following issues : 1. Whether the plaintiff is the third degree collateral of the vendor, Atma Ram ? 2. Whether the land in dispute is ancestral of the plaintiff qua defendant No. 1 ? 3. Whether the plaintiff and defendant No. 1 are governed by agricultural custom whereby defendant No. 1 was not competent to sell the land in dispute to defendant No. 2 without consideration and legal necessity ? 4. Whether the land in dispute was sold for consideration and legal necessity ? 5. Relief.;