AIR 1971 SUPREME COURT 1028

Supreme Court Of India

(From: Calcutta)*

Hon'ble Judge(s): J. C. Shah, A. N. Grover , JJ

(A) Hindu law - Joint family property - Alienation for lead necessity by limited owner- Suit to set it aside - Recital in sale-deed that full consideration is paid-Onus lies on plaintiff to prove that recital is false and vendor did not in fact receive consideration.A. F. O. D. No. 173 of 1956, D/- 7-3-1962 (Cal), Reversed. (Para 7) (B) Hindu law - Joint family property-Alienation-Legal necessity-Proof - Recital in sale-deed of legal necessity - Evidentiary value. Legal necessity does not mean actual compulsion: it means pressure upon the estate which in law may be regarded as serious and sufficient. The onus of proving legal necessity may be discharged by the alienee by proof of actual necessity or by proof that he made proper and bona fide enquiries about the existence of the necessity and that he did all that was reasonable to satisfy himself as to the existence of the necessity. Recitals in a deed of legal necessity do not by themselves prove legal necessity. The recitals are, however, admissible in evidence, their value varying according to the circumstances in which the transaction was entered into. The recitals may be used to corroborate other evidence of the existence of legal necessity. The weight to be attached to the recitals varies accor....