SHEO KUER Vs. NATHUNT PRASAD SINGH

JUDGEMENT

(1.) One Trilok Prasad Singh, who was the last male holder in his line, died on May 12, 1948 leaving behind his widow Kachnar Kuer and his step-mother Sheo Kuer. On February 12, 1956 Kachnar Kuer executed two registered deeds. By one of these she adopted a son to her deceased husband and by the other, which is described as a Deed or Arpannama, she created a religious endowment in the name of Sri Gopalji and appointed her mother-in-law Sheo Kuer as a shebait.

(2.) Respondents 1 and 2, claiming to be reversioners, filed suit No. 16 of 1956 in the court of the First Subordinate Judge, Gaya, for a declaration that the two deeds were void and illegal and were not binding on their reversionary interest. Kachnar Kuer was defendant 1, the adopted son was defendant 2 and Sheo Kuer was defendant 3 to the suit.

(3.) During the suit, the defendants were evidently of one mind and they contended by their written statements that the impugned deeds were executed under the authority given by the deceased Trilok Prasad Singh and that respondents 1 and 2 had no right to bring the suit after June 17, 1956 when the Hindu Succession Act, 1956 came into force.