LAWS(ALL)-1963-11-3

RAMESHWAR Vs. HARDAS

Decided On November 14, 1963
RAMESHWAR Appellant
V/S
HARDAS Respondents

JUDGEMENT

(1.) This special appeal has been filed by the plaintiff and arises out of a suit for a declaration that the sale deed dated 1-8-1927 would be void and inoperative after the death of Smt. Kashi Bai, the executant thereof.

(2.) Parmanand and Bindraban were two brothers. Bindraban was the owner of the house in dispute. He died and on his death the house in dispute devolved on his widow Smt. Gaura Bai as a limited owner. On 28-1-1926 Smt. Gaura Bai by a deed, gifted the house to her daughter-in-law Smt. Kashi Bai. Permanand's sons, who are respondents 1 to 3 here, challenged the validity of the gift. Ultimately on 1-8-1927 Smt. Kashi Bai executed a sale deed of the house in dispute for a sum of Rs. 1,650/- in favour of the three sons of Permanand, viz., respondents 1, 2 and 3.

(3.) Smt. Kashi Bai's son Rameshwar filed the present suit on 23-2-1948, for a declaration that the aforesaid sale deed would be void and inoperative after the life time of Smt. Kashi Bai, on the allegation that the sale was neither for the benefit of the estate nor for legal necessity.