Skip to content


Bhag Singh Vs. Kehr Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtPunjab and Haryana High Court
Decided On
Case NumberSecond Appeal No. 1245 of 1947
Judge
Reported inAIR1952P& H382
ActsGood Management Act
AppellantBhag Singh
RespondentKehr Singh and anr.
Appellant Advocate N.L. Wadehra, Adv.
Respondent Advocate Harbans Singh Doabia, Adv.
DispositionAppeal dismissed
Cases ReferredIqbal Singh v. Mahindar Singh
Excerpt:
.....if any order/judgment/decree is passed in exercise of jurisdiction under article 226, a writ appeal will lie. but, no writ appeal will lie against a judgment/order/decree passed by a single judge in exercising powers of superintendence under article 227 of the constitution. - 4. but in this case there is a further point & it is that the appellate court had held that this sale was an act of good management. by means of the sale of the land in takhtupura he has redeemed the land in dala which is 65 kanals and which was in mortgage since the time of his father (since 1917). counsel submits that there is no evidence to support this act of good management. both courts, however, have held in favour of the sale being an act of good management and nothing has been brought out..........the 10th of may 1933, sajjan singh sold the land in dispute to kehr singh for rs. 4000/-. in the sale deed the necessity mentioned was a sum of rs. 2000/- and a sum of rs. 400/- payable to bishan singh and others. the next necessity mentioned in the sale deed was rs. 800/- for payment to ram singh on a bahi account, rs. 500/- to kartar singh on a mortgage, rs. 100/- to another kartar singh on a bahi account, rs. 150/- to gokha ram on a bond and rs. 50/- for sale deed and registration expenses. the trial court dismissed the suit as also the court of first appeal.3. mr. nathu mat wadehra for the appellant submitted that in the sale deed with regard to rs. 1,600/-, and that is the only item which is disputed, a necessity was mentioned but as a matter of fact, rs. 1,475/- were paid to ram.....
Judgment:

1. This is a plaintiff's appeal against a judgment and decree passed by the learned Additional District Judge, Ferozepore, affirming the decree of the trial Court.

2. On the 10th of May 1933, Sajjan Singh sold the land in dispute to Kehr Singh for Rs. 4000/-. In the sale deed the necessity mentioned was a sum of Rs. 2000/- and a sum of Rs. 400/- payable to Bishan Singh and others. The next necessity mentioned in the sale deed was Rs. 800/- for payment to Ram Singh on a bahi account, Rs. 500/- to Kartar Singh on a mortgage, Rs. 100/- to another Kartar Singh on a bahi account, Rs. 150/- to Gokha Ram on a bond and Rs. 50/- for sale deed and registration expenses. The trial Court dismissed the suit as also the Court of First Appeal.

3. Mr. Nathu Mat Wadehra for the appellant submitted that in the sale deed with regard to Rs. 1,600/-, and that is the only item which is disputed, a necessity was mentioned but as a matter of fact, Rs. 1,475/- were paid to Ram Singh to redeem a previous mortgage, Rs. 60/- were used for the purchase of a bullock and Rs. 64/8/- were used for registration expenses, and this he submits could not be done as the necessity mentioned in the sale deed was the only necessity for which the sale price or mortgage money can be used and if any other kind of necessity is proved it cannot be said that necessity necessary for defeating a reversioner's suit is made out and he relies on two judgments of the Lahore High Court, 'Har-Nam Singh v. Jiwan Singh', AIR 1826 Lah 530 (1), where it was contended that because at the time of the suit a legal obligation to pay some of the debts had ceased to exist therefore to that extent the mortgage had ceased to be for valid necessity and it was held that on this ground the original transaction cannot be set aside. He has then relied on 'Iqbal Singh v. Mahindar Singh', AIR 1933 Lah 648, where it was held that if an alienee fails to take the obvious precaution of ascertaining necessity for an alienation of ancestral property and getting it duly recorded at the proper place and time, he must take the consequences. Neither of these things, in my opinion, applies to the facts of this case. No doubt, in the sale deed a particular necessity is mentioned, but if the money that was obtained by means of sale is used for the discharge of other debts which are also just debts, I do not think that an alienation can be set aside on that ground.

4. But in this case there is a further point & it is that the appellate Court had held that this sale was an act of good management. Sajjan Singh originally belonged to Takhtupura but had gone to reside in village Dala. By means of the sale of the land in Takhtupura he has redeemed the land in Dala which is 65 kanals and which was in mortgage since the time of his father (since 1917). Counsel submits that there is no evidence to support this act of good management. Both Courts, however, have held in favour of the sale being an act of good management and nothing has been brought out before me to show, that it is not.

5. I am therefore of the opinion that the suit was rightly dismissed and I dismissed this appeal with costs throughout.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //