HARIRAM Vs. RAM ASREY

JUDGEMENT

(1.) Heard Sri B. N. Singh learned counsel for the appellant and Sri S. K. Srivastava for the respondents.

(2.) This second appeal has been filed by Sri Ram Ashrey, son-in-law of respondents 2 and 3 who were defendants 1 & 2 in the suit challenging the judgment by which the III Additional District Judge, by his order dated 12-7-1979 allowed the Civil Appeal No. 56 of 1977 setting aside the judgment and decree dated 20-10-1976 in O.S. No. 169 of 1968 to the extent that the finding with regard to suit for specific performance of contract and the sale deed dated 31-7-1967 executed by defendant No. 1 in favour of the son-in-law, was set aside, with the directions that Dukhi the defendant No. 1 under the family settlement dated 31-3-1961 could enjoy the property only during his lifetime, which could be inherited only by his male issue, if born to him, and not by female issue as agreed by him in the family settlement.

(3.) The facts leading to the suit are that Dukhi, was born to Ram Narain, one of the three brothers after two months of the death of his father. His name was not entered in the revenue records over the agricultural properties jointly owned by the family. On the notification of consolidation operations Dukhi filed objections claiming 1/3rd share in the agricultural land. His name was entered by the Consolidation Officer in the revenue records on the basis of a family settlement dated 31-3-1961 by which his uncles agreed with him that he had 1 /3rd share in the property, on the condition that Dukhi will enjoy the land only in his lifetime, during which he will not sell, alienate, transfer or mortgage his property, and that only the male issue, if born to him, will be entitled to inherit his share of property. His married daughter shall not inherit his share, and that if after his death if he did not leave behind him any male issue, the property will revert back to his uncle Janki and Ram Ashrey.