LAWS(ALL)-2019-8-84

DHIRAJA Vs. SRI RAM

Decided On August 08, 2019
Dhiraja Appellant
V/S
SRI RAM Respondents

JUDGEMENT

(1.) This second appeal was admitted by order dated 23.11.1982, without framing any substantial question of law.

(2.) The appeal was heard at some length on 6.8.2019 when the following substantial question of law was framed.

(3.) Although the substantial question of law mentions the phrase "life estate" but nothing essentially turns on this aspect of the matter. The transferor Smt. Gulaba being a widow mother of the original tenure holder late Lala was a recorded co-tenure holder with the widow of late Lala viz. Smt. Dhiraja. The exclusive preferential rights of Dhiraja (widow of Lala) got eclipsed on the basis of her statement made in the mutation and consolidation proceedings waiving her rights proportionate to half share in favour of the transferor Smt. Gulaba (who was the step-mother of Lala). This act on the part of Dhiraja and she having joined as a co-plaintiff with Smt. Gulaba for instituting a suit for cancellation of registered sale deed executed in favour of the respondents, gave rise to several issues which were decided by the trial court against the appellant.