RADHEY KRISHAN SINGH Vs. SHIVA SHANKAR SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiffs, on a certificate, from the judgment and decree of the Patna High Court dated August 5, 1965 in First Appeal No. 68 of 1960.

(2.) One Babu Deonandan Prasad Singh died in 1925 leaving behind him considerable property. His widow Dulhin Janki Dulari Kuer, defendant no. 4, being the next heir, inherited that property. In about 1953 the widow settled about 80 bighas of bakasht land in favour of defendants 1 and 2, who were the brothers of defendant no. 4, and defendant no. 3, who was the nephew of defendant no. 4. The plaintiffs' claiming to be the reversioners, filed the suit, out of which the present appeal arises, on 7-9-1957, alleging that the settlements were liable to be set aside as they were male fide, illegal and without consideration and were designed to injure or jeopardize the right of inheritance of the reversioners. The original plaintiff no. 1 claimed to be the nearest reversioner and the other plaintiffs claimed to be a little remote reversioners.

(3.) Practically the same defence was raised on behalf of the defendants. It was contended that not the plaintiff no. 1 but one Jadunandan Sharma was the next heir, being the sister's son of the deceased Babu Deonandan Prasad; that the settlements were for legal necessity and that, in any case, in view of the Hindu Succession Act, 1956 the plaintiffs were not entitled to sue.