- (1.) This Second Appeal is directed against the concurrent decisions of the Courts below dismissing the plaintiff's suit.
(2.) In order to appreciate the controversy in the present appeal, it is necessary to set down the pedigree-table of the parties :- Nand Ram executed a Will in his lifetime and got it registered. The Will is dated July 18, 1927. By this Will, he clearly specified that he owned ancestral as well as non-ancestral property. He bequeathed his non-ancestral property to Ram Lal's sons. The ancestral property was to be divided in equal shares, on the basis that the pre-deceased son's widow would succeed to the ancestral property on the death of the last succeed to the ancestral property on the death of the last holder. After the death of Nand Ram, the ancestral property was mutated in three equal shares, one to Smt. Bhagwan Kaur, the other to Smt. Shamon and the third to Ram Lal. On the 19th of February, 1968, after the coming into force of the Hindu Succession Act, Mst. Shamon sold her half share of the land measuring 10 Bighas 13 Marlas to Jagir Singh respondent for Rs. 10,000/- Ram Lal and Bhagwan Kaur filed a suit to contest this sale on the ground that Mst. Shamon held a life estate and her sale would not bind their reversionary interest. It was also maintained that the sale was without consideration and legal necessity. On the pleadings of the parties the following issues were framed :- (1) Whether defendant No. 1 Shamon had only life interest in the land in suit and was thus not entitled to make any alienation ? (2) Whether Jagir Singh is a bona fide purchaser for consideration and legal necessity ?"
(3.) The trail Court found the first issue against the plaintiffs and the second in favour of the defendants, with the result that the plaintiffs suit was dismissed. The appeal by the plaintiff appellant also failed. The plaintiff has come up in second appeal to this Court.;