CHAMNO DEVI Vs. SHANKAR

JUDGEMENT

(1.) This second appeal by the plaintiff-appellant is directed against the Judgment and decree passed by the lower appellate court allowing the defendant's appeal and dismissing the plaintiffs suit for declaration and cancellation of the sale deed dated 26.3.1976.

(2.) The relevant facts in brief are that one Raje, father of the plaintiff had executed a registered Will dated 16.6.1975 in respect of his properties. It was stated therein that as long as the testator was alive, he would continue to remain owner of his properties. After his death, his wife Smt. Ram Kali shall become the owner (Malik) of the said properties and after the death of Smt. Ram Kali, his only daughter Smt. Chamno Devi would become the owner with proprietary rights. The case of the plaintiff was that her mother Smt. Ram Kali had been given only a life estate in the properties left by her father Raje and the ultimate owner of the properties was the plaintiff. However, the mother of the plaintiff, namely. Smt. Ram Kali had executed a sale deed dated 25.3.1976 in respect of the suit property in favour of her brother Shankar. The said sale deed was void ab initio as Smt. Ram Kali had only a life estate and had no right to transfer the said properties in favour of the defendant Shankar. Hence, a declaration was sought that the plaintiff was the owner of the property in suit.

(3.) The suit was contested by the defendant Shankar, inter alia, on the ground that by virtue of the Will, dated 16.6.1975 executed by Raje. Smt. Ram Kali was the absolute owner of the Suit property and, consequently, had every right to transfer the same. The plaintiff as the second beneficiary under the Will did not Inherit any interest in the said properties, consequently, the sale deed was valid and the plaintiff has no right, title or interest in the property in Suit.