KALAWATI AND OTHERS Vs. KAWAL SINGH AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal. Ganga Ram was the occupancy tenant of a certain holding and owned a house also. On his death Smt. Shyam Kuer his widow, became the occupancy tenant of the holding and the owner of the house. After the date of vesting under the ZA and LR Act she became a Bhumidhar of the holding by depositing ten times the rent. She executed a deed of gift in respect of the holding and the house on 18-2-1953 in favour of Kawal Singh, a son of one of her daughters. The plaintiffs who are the sons of her other daughter claimed to be the next reversioner's of her husband and sought to avoid the gift and wanted it to be declared that as the widow had only a limited interest in the holding and the house the gift made by her would not be binding on them or the actual reversioner's of her husband after her death. The trial court decreed the suit in respect of the house but dismissed it in respect of the holding. The plaintiffs went up in appeal and the decree of the trial court was affirmed. The view taken by the lower appellate court is that so far as bhumidhari holding was concerned, the widow had a right to give it away and the gift would ensure even after her death. The reversioner's of her husband had, therefore, no right to challenge the gift.

(2.) So far as the house is concerned, as the donee did not appeal against the decision of the trial court, that decision has become final and it is not necessary to consider its correctness or otherwise.

(3.) It is urged by the plaintiffs in second appeal that the view taken by the lower appellate court in respect of the holding is incorrect and that as the widow had only a limited life estate in the Bhumidhari holding, a gift made by her would not be binding upon the reversioner's of her husband after her death. The suit, it is urged, should, therefore, have been decreed in respect of the holding too.