RSA No.434 of 1987 Bahgwant Singh and others v. Harchand Singh and others Present: None. 1. This appeal has been preferred by the plaintiffs against dismissal of suit by both the courts below. 2. Suit of the plaintiffs was for declaration of title to the suit land by seeking quashing of sale deeds executed by defendant No.6, who was their father, in favour of defendant Nos. 1 to 5. It was pleaded that suit land being ancestral and sale being without legal necessity, was void. 3. The suit was contested by denying that the property was co-parcenary property. It was submitted that sale was for valid consideration and for legal necessity and was also protected under section 41 of the Transfer of Property Act, 1882. 4. Main issues between the parties were Issue Nos. 2 and 3. On issue No.2, the trial court held that the suit property was not joint Hindu family/co-parcenary property. On Issue No.3, it was held that sale was for legal necessity and for valid consideration. 5. The lower appellate court affirmed the findings of the trial court. RSA No.434 of 1987 (O&M) 6. The appeal has been pending for the last more than 22 years. The appeal can be entertained only if there is any substantial question of law. No substantial question of law has been framed. 7. Inspite of repeated calls, none appears. The matter was shown in the list earlier also. 8. In these circumstances, the appeal is dismissed for non- prosecution. 9. A copy of this order be sent to one of the appellants. November 5, 2009 (Adarsh Kumar Goel) ‘gs’ Judge 2