PADMA RAJE Vs. GANGABAI

JUDGEMENT

(1.) This is plaintiff's second appeal under Section 100, Civil Procedure Code. The following substantial question of law survives for decision after the remand of the case by the Supreme Court:-

(2.) The facts relevant for the decision of the question referred above are that Nannu Singh was the holder of about 48 acres of land. He died in the year 1898 leaving behind his widow Pyari Bahu. She sold six acres of land of Khasra No 23 by registered sale deed dated 28.10.1955 (Ex. D.1) to Kunjan Singh. She was admittedly limited owner of the property left by her husband. This, alienation has been challenged by the reversioners of her husband after her death in the year 1961. The trial Court held that this alienation by the Hindu widow was not for legal necessity. This finding has been reversed by the first Appellate Court. Relying upon the principles laid down by the Supreme Court in Kamla Devi v. Bachchulal, AIR 1957 SC 434, it has been held by the first Appellate Court that the alienation was for religious and charitable purpose inasmuch as the sale was made for construction of a temple which was conducive to the benefit of the soul of her husband."

(3.) Learned counsel for the appellants has argued that the trial Court negatived the plea of legal necessity and that finding has been reversed by the first Appellate Court without any cogent reason.