R.S.A No. 804 of 2002 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 804 of 2002 Date of decision : July 28, 2009 Sukhdev Singh and another, ...... Appellant (s) v. Naranjan Singh and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Ashok Singla, Advocate for the appellants. Mr. Avnish Mittal, Advocate for respondents No.8 to 12. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against concurrent judgments of the Courts below dismissing the suit of the plaintiff/appellants challenging the sale deeds made by their father. The question of law which has now been formulated by counsel for the appellants is whether a property loses its ancestral character only because of the fact that it is gifted and has not been inherited by succession. Learned Courts below have decided against the appellants on two counts. In the first place, the Courts below have held that since the property was received by the father of the appellants from his father by way R.S.A No. 804 of 2002 ::2:: of gift, it lost its ancestral character. Apart from that, both the Courts have on the assumption that the property continued to be the ancestral property, examined whether the sale made in favour of respondents No.8 to 12 was without legal necessity. Both the Courts have returned a finding that the sales made in favour of the said respondents cannot be termed as illegal on the ground of the same being without legal necessity but on the ground that defendant No.1 (father of the appellants) spent money on the marriages of his children by mortgaging the land with the bank, as also repaid the agricultural loan. Consequently, I hold the question proposed against the appellants and dismiss the appeal with no order as to costs. As the main appeal has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) July 28, 2009. JUDGE `kk'