LAWS(ALL)-1958-9-19

RAM CHARAN DAS Vs. GIRJANANDANI DEVI

Decided On September 23, 1958
RAM CHARAN DAS Appellant
V/S
MST. GIRJANANDANI DEVI Respondents

JUDGEMENT

(1.) The substantial question in this appeal is as to the legal effect of a deed, described as a deed of partition, dated 31-3-1933. That deed concerns property of which the last male owner was one Kanhaiya Lal who died on 10-6-1922. He got the property from his grandfather, Chunni Lal, under a will of 1883. He was succeeded by his mother Smt. Kadma Kuer, who died on 14-10-1937. Upon her death the present suit was filed by the plaintiff on, the allegation that he is the next reversioner of Kanhaiya Lal along with his brothers, defendants 2 to 6, and that defendant No. 1 Smt. Girjnandani Devi, widow of Gopi Nath, who was a sister's son of Kanhaiya Lal, had no right to remain in possession of the suit property. Gopi Nath died during the life-time of Smt. Kadma Kuer 13.

(2.) According to the plaintiff, he is not bound by the deed dated 31-3-1933, described as a partition deed and he contends that it is of no legal effect.

(3.) Before stating the defence, we may relate how this deed came into existence.