RAM CHARAN DAS Vs. GIRIJA NANDINI DEVI

JUDGEMENT

(1.) The substantial question which falls for decision in this appeal is as to the legal effect of a deed, Ex. Y-13, dated March 31, 1933 described in the paper-book as a deed of partition. A subsidiary question also arises for consideration which is, whether the validity of the transaction evidenced by the deed is affected by reason of the fact that the property comprised therein was at the time of its execution, under the management of the Court of Wards. According to the plaintiff the deed was invalid and did not affect his right to a share in the property in the suit. His contention failed both in the trial Court as well as in the High Court.

(2.) The property covered by the deed belonged to one Kanhaiyalal who died on June 10, 1922 without leaving a widow or any issue. This property along with some other property originally belonged to Kanhaiyalal's grand-father Chunnilal. It is said by some of the parties that by a will executed by him in the year 1883 he devised his property in favour of Kanhaiyalal and his brother Madho Prasad. Madho Prasad died during the lifetime of Kanhaiyalal, leaving a daughter Maheshwari Bibi. After Madho Prasad's death Kanhaiyalal entered into possession of the property which had been bequeathed to Madho Prasad by Chunnilal. After Kanhaiyalal's death Kadma Kuar, his mother, entered into possession of the entire property which was in the possession of Kanhaiyalal till his death. Kadma Kuar died on October 14, 1937 and shortly thereafter the suit out of which this appeal arises was instituted by Ram Charan Das, the appellant. It may be mentioned that Kanhaiyalal and Madho Prasad had a sister by name Mst. Pyari Bibi. She had a son named Gopinath who died in the year 1934 leaving a widow, Girja Nandini, the first defendant to the suit. The plaintiff is the sixth son of Diwan Madan Gopal. Diwan Madan Gopal was one of the two sons of Brijlal and Brijlal was the only son of Deoki Nandan. Deoki Nandan himself was the elder brother of Chunnilal. The plaintiff who is the appellant before us is thus a collateral of Kanhaiyalal. It is not disputed that he and his brothers were the next reversioners entitled to succeed to Kanhaiyalal's property after the death of his mother Kadma Kuar. To this suit he joined Girja Nandini Devi, widow of Gopinath as defendant No. 1 and it is she who is the contesting respondent before us.

(3.) Soon after Kadma Kuar entered into possession of the estate of Kanhaiyalal, she applied to the appropriate authority for taking over possession of management of the property which was in the possession of Kanhaiyalal at the time of his death whereupon the Court of Wards took over its management under S. 10 of the U. P. Court of Wards Act, 1912 (IV of 1912). This property consisted not only of the property which Kanhaiyalal had obtained under the will of Chunnilal but also of the property which had been bequeathed in that will to Madho Prasad and of which Kanhaiyalal had obtained possession during his lifetime. Maheshwari Bibi, the daughter of Madho Prasad laid a claim to the property which had been bequeathed by Chunnilal on the ground that the two brothers who took these properties under Chunnilal's will took them not as joint tenants but as tenants in common. The claim made by her in this respect was examined by the Court of Wards and upon Kadma Kuar agreeing, the Court of Wards released half of the estate under its management, that is, the share in the property which is said to have been bequeathed to Madho Prasad.