HIRA Vs. KASTURIBAI

JUDGEMENT

(1.) This appeal has been filed on behalf of the defendant to the suit in question. Respondents 1 and 2 (hereinafter to be referred to as "the respondents") filed the aforesaid suit for declaration that the registered sale deed dated 12/11/1960 executed by their mother (Respondent 3 in favour of the appellant was invalid because on that date she had no title over the lands in question. On behalf of the respondents it was asserted that their mother after the death of their father, Khuman Singh sometime in the year 1955-56 remarried in the year 1958 and because of that she forfeited the right to the lands which had devolved on her as widow.

(2.) There is no dispute that Khuman Singh, the father of the respondents was a pakka tenant in respect of 23 bighas of land in Khata No. 27 which is the subject-matter in dispute. He died sometime in the year 1955-56 before the coming into force of the Hindu Succession Act, 1956 (hereinafter referred to as "the Succession Act"). According to the respondents, their mother had become a pakka tenant after the death of their father under the provisions of the Madhya Bharat Land Revenue and Tenancy Act, 1950 (hereinafter to be referred to as "the Tenancy Act") , but as she remarried in the year 1958, she forfeited the right of pakka tenant and as such she could not have transferred the lands through the registered sale deed in favour of the appellant on 12/11/1960. The transfer was questioned by the respondents saying that under the provisions of the Tenancy Act after remarriage, their mother forfeited her right over the lands in question, and such lands devolved on the respondents.

(3.) The trial court decreed the suit holding that the mother of the respondents had no right, title or interest over the lands in question after she remarried in view of the provisions of the Tenancy Act. That finding was affirmed by the court of appeal and by the High court by dismissal of the second appeal filed on behalf of the appellant.