MAHABIR PRASAD MISHRA Vs. SHYAMA DEVI

JUDGEMENT

(1.) This First Appeal arises out of Original Suit No.180 of 1970, Smt. Shyama Devi Vs. Pt. Mahabir Prasad and others decided on 18.7.1973 by the court of first instance. The appeal was preferred in 1973 and it is being heard and decided after full four decades in the year 2013. A great travesty of justice and antitheses to the fundamental right of speedy justice.

(2.) One Smt. Hridaya Kunwar, the second wife of late Pt. Girdhari Lal of Banaras had considerable properties and income from the Vritt Yajmani. She had two step daughters Manukarni Devi and Hingo Devi and two daughters of her own Sumitra Devi @ Chikan and Sawanli Devi @ Baban. She executed a registered deed described as a Will on 24.2.1935 making arrangement for her properties and for collection and distribution of the income therefrom and from the Yajmani after her death.

(3.) The salient features of the aforesaid deed inter alia are as under: