SHAKUNTALA DEVI Vs. KAMLA

JUDGEMENT

(1.) One Hirday Ram, the original owner of the suit property, had three wives namely Kubja, Pari and Uttamdassi. Kubja who predeceased him had given birth to a daughter Tikami. Hirday Ram through a Will dated 1-10- 1938 bequeathed a part of the property to his daughter Tikami and the remaining property was given to the two wives for their maintenance with the condition that they would not have the power to alienate the same in any manner. The property was to revert back to his daughter Tikami as absolute owner after the death of the two wives. Hirday Ram died. His second wife pari also died in 1939 and her share came to vest in the third wife, uttamdassi.

(2.) After the coming into force of the Hindu Succession Act, 1956, uttamdassi sold a part of the property to one Sandup on 28-11-1958, predecessor-in-interest of Respondents 1 and 2. Sandup mortgaged back the property to Uttamdassi. Uttamdassi on 2-12-1958, made a gift of another property in favour of Respondent 3 who in turn sold it to Respondent 4.

(3.) The appellant herein, the daughter of Tikami and granddaughter of hirday Ram, filed a suit challenging the alienation made by Uttamdassi by way of sale and gift and seeking a decree of declaration that the alienation made by Uttamdassi would not affect her reversionary rights. The suit was decreed by the trial court on 12-7-1961. Appeal preferred by Uttamdassi was dismissed on 25-1-1963. The decree became final as it was not put to challenge in further appeal in the High Court.