BAI DAHI Vs. BAI SADA

JUDGEMENT

(1.) In this appeal the main question which requires to be decided is whether the two plaintiffs-appellants are or are not entitled to challenge certain transactions entered into by Sada defendant No. 1 according to the Baroda Hindu Code. The present suit was instituted by plaintiffs for a declaration that the transactions entered into by Sada were null and void against there interest and not binding on them. The impugned transactions are a compromise entered into on 11-11-1952 between Sada defendant No. 1 on the one hand and Gujarat defendant No. 2 and Sharda defendant No. 3 on the other gift made by Sada on 13-6-1953 in favour of defendant No. 4 and a sale made on 20-6-1953 in favour of defendant No. 5. The Trial Court has dismissed the suit from which this appeal arises on the ground that plaintiffs were not the next reversioners of their father Nathabhai Trikambhai or the next reversioners of their Brother Punjabhai Nathabhai and that as such according to the Baroda Hindu Code they were not entitled to bring the present suit for challenging the transactions effected by Bai Sada.

(2.) The suit was dismissed on a preliminary ground without taking any evidence in the matter. Therefore the question which requires to be decided in this appeal will have to be decided on the basis that the allegations made in the plaint are true.

(3.) The fact on the basis of which the point requires to be decided may shortly be stated as follows:--