DHANANJAYA Vs. GAJRA

JUDGEMENT

(1.) These four appeals can be disposed of by common judgment as they raise a common question of law. That question is regarding the interest of the purchaser from a widow in the joint Hindu family.

(2.) The property sold in the four appeals together with certain other lands, house property, moveables etc. belonged to one Deoobhau who died in the year 1954. He left behind two widows, one Malubai and the other Deokabai. Deoobhau had two sons by his wife Malubai named Dhananjaya and Zankarsingh who are appellants 1 and 2 in each of the appeals. Malubai, their mother is the third appellant. Deokabai had four daughters through Deoobhau by name Gangabai, Tulsabai, Jaiwantibai and Jamnabai who are party defendants as her heirs. The suit with which we are concerned in Second Appeal No. 434 of 1965 was brought by purchaser Gajrabai. The other suits were by the other three purchasers from Deokabai. Deokabai died on 11-7-1961. Prior to that but after the commencement of the Hindu Succession Act she had alienated different properties in favour of the respondents other than her heirs in the four appeals before us.

(3.) During the lifetime of Deokabai, Dhananjaya, Zankarsingh and Malubai had filed Civil Suit No. 17A of 1958 against Deokabai, purchasers Rameshwar-das Kanhaiyalal, Dadu Tukaram, Saji Motiram, Pito Lalji as also Gajrabai for possession of the property transferred by Deokabai. In that suit a compromise was arrived at between the parties on 5th of January 1960. According to the terms of the compromise, the plaintiffs in that suit, namely, minors Dhananjaya, Zankarsingh and Malubai were declared entitled to a decree for possession as claimed. However, the execution of such a decree was postponed for a period of 4 months, during which time the defendants excluding the third defendant who under the compromise decree was declared to have no interest were under the obligation to file a suit for general parti-lion and the execution of the decree in favour of the plaintiffs in their suit was to remain postponed as long as the suit for general partition was pending. In case of default of bringing a suit for general partition within four months, the plaintiffs could execute the decree for possession of the suit property. There was also a declaration that the purchasers defendants Nos. 2 and 4 to 6 in that suit were each owners of the respective undivided share purchased by them from Deokabai and they were at liberty to get their ownership rights ascertained by appropriate action. These purchasers also bound themselves for not transferring or alienating the properties purchased by them; they were to maintain the status quo. Accordingly Gajrabai wife of Hagaruji Kalar and the three purchasers Rameshwardas. Mst. Saji and Pitto son of Lalji filed suit? for general partition which came to be heard together.