His son Krishna Singh sued for a declaration that the said alienation being an alienation of ancestral properties was inoperative against his reversionary interest as it had been effected without companysideration and without legal necessity.
The trial Court dismissed the suit as being barred under the provisions of the Punjab Limitation Custom Act, 1920 Act 1 of 1920 .
One Tehal Singh sold the suit properties to the predecessors in interest of the defendants by means of a deed dated October 11,1894.
The decree declared that the plaintiff Krishna Singh will be entitled to recover possession of the suit properties after the death of his father on payment of Rs.2,500/ .
Consequently the appellant sued for a declaration that he had been validly adopted by Tehal Singh.
This suit was dismissed by the trial Court.
Thereafter Tehal Singh adopted the appellant on April 11, 1944.
This companytention does number appear to have been taken either before the trial Court or before the first appellate Court.
The suit was decreed in part.
This decree was made on November 28, 1895.
This suit was filed on October 11, 1895.
But Krishna Singh died during the lifetime of Tehal Singh.
That decision was affirmed by the first appellate Court as well as by the High Court in second appeal.
It was taken for the first time before the High Court in second appeal.
If those properties were number ancestral properties to Tehal Singh, Krishna Singh companyld number have interdicted the sale effected by his father.
The very basis of the present suit is the decree obtained by Krishna Singh.
Tehal Singh died in 1949.
It may be numbered that to that litigation, the present defendants or their predecessors in title were number parties.
The present suit was brought in 1959.
Thereafter the opposite party took up the matter in second appeal to the High Court.
