Law:

Section:

(a) Civil Procedure Code (V of 1908)- S. 100-Second appeal-Sale of agricultural land for legal necessity under customary law-Question whether items of expenditure mentioned in sale deed constitute legal necessity-Held, question of law which can be examined in second appeal.-[Question of law-Second appeal-Legal necessity-Custom]. Niaz All v. Jasin and others P L D 1966 Pesh. 137 ref. (b) Custom (Punjab)--- Sale of agricultural land for legal necessity-Independent evidence conclusively establishing vendor being really countenanced with necessity of meeting expenditure for purposes of clearance of debt and redemption of mortgage-Vendee, in such case, not concerned with subsequent application of money by vendor.-[Legal necessity]. (c) Custom (Punjab)- -- Sale of ancestral agricultural land for legal necessity-Debts meant to be cleared prior in time and not shown to have been incurred for any immoral purposes or in excess of requirements of vendor-No allegation of profligation, waste or extravagance against vendor--Held, such debts can safely be categorised as "just and antecedent debts"-Payment of such debts, a legal necessity and binding on estate in bands of male-proprietor.-[Legal necessity]. Devi Ditta and others v. Saudagar Singh and others 65 P R 1900 and Muhammad Tahir Raza Khan v. Liaqat Hayat Khan P L D 1966 Lah. 151 fol. Santa Singh v. Waryam Singh 19 P R 1915; Ch. Ghulam Muhammad v. Rlasat Ali and others P L D 1954 F C 270 and Muhammad Hassan-ud-Din v. Saif Ali Shah 74 I C 451 distinguished. Khamana v. Sita Singh A I R 1939 Lah. 182; Bhan Singh v. Ram Singh and others A I R 1931 Lah. 599 and Varyam and others v. Sanat Singh and others A I R 1931 Lah. 394 ref. JUDGMENT This second appeal has been filed by the appellant from the judgment and decree dated 26-5-1970, passed , by the learned District Judge, Sialkot whereby his first appeal against the judgment and decree of the learned Civil Judge, dismissing his suit, could not succeed. 2. Briefly put, the facts of this case are that land measuring 11 kanals and 7 marlas situate in Mohallah Hajipura, Sialkot City, was sold by respondent No. 5, in favour of respondents Nos. 1 to 4 through sale deed, dated…

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