TRILOCKCHAND Vs. SHANTA

JUDGEMENT

(1.) THE plaintiffs, Mst. Shanta Devi and Kanta Devi, minor daughters of Jagannath have filed this suit as reversioners ngainst their mother, Mst. Dwarka Bai in which they challenged the alienation by their mother (Dwarka Bai) of a house in favour of their grand -mother. Keshar Bai (the mother of their father Jagannath) and also the subsequent gift of the house by Mst. Keshar Bai in favour of Trilokchand (Keshar Bai's daughter's son). It was alleged in the plaint that on the death of their father, Jagannath, their mother Mst. Dwarka Bai succeeded to their father's property as a limited heir and that out of the property left by their father, their mother Mst. Keshar Bai could not give any part of if to their father's mother, namely, Mst. Keshar Bai and the alienation is, therefore, not binding on them. Mst. Keshar Bai in her turn had gifted away the property to her grand -son. Trilokchand and the reversioners also impeached this transaction and sought a declaration that this alienation too was not binding on them.

(2.) IN defence Mst. Dwarka Bai mother of the plaintiff appears to have made common cause with her daughters (plaintiffs) and srated that she never alienated any property in favour of her mother Keshar Bai, though as a matter of fact under a registered deed she had transferred the property in question.

(3.) DEFENDANT Trilokchand alone has contested the suit and stated that the alienation by Mst. Dwarka Bai in favour of her mother -in -law, Mst. Keshar Bai was valid and so is the gift of property in dispute in his favour by Mst. Keshar Bai.