DAN KUER Vs. SARLA DEVI

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Allahabad dated March 12, 1942, which reversed a judgment and decree of the Court of the Additional Subordinate Judge of Etah dated July 31, 1935.

(2.) THE main questions to be determined in this appeal are: (1) Whether a registered partition award dated January 8, 1921, created a valid charge in favour of the respondent, Sarla Devi, on the property (the two villages of Quazipur and Mai) allotted to her husband Nidhan Singh; and (2) whether Drigpal Singh, the predecessor in title of the appellant, Dan. Koer, had notice (actual or constructive) of the said award and charge, when he took a usufructuary mortgage of the said two villages on the following day, January 9, 1921, wherein a reference was made to the said award.

(3.) ON the following day, January 9, 1921, Nidhan Singh borrowed Rs. 40,000 from Drigpal Singh, on the security of the said two villages, and executed a usufructuary mortgage deed, in which the property was expressed to be free from all liabilities, and the arbitration award was expressly mentioned. ON August 5, 1921, Nidhan Singh sold the mortgaged villages to Drigpal Singh for Rs. 30,000. In or about 1923, the Court appointed the respondent the guardian of her minor sons. About 1925, Drigpal Singh died, leaving him surviving his third wife, the appellant. About 1928, Nidhan Singh died, leaving him surviving a widow, the respondent, and two sons.