LUKAI Vs. NIRANJAN DAYARAM

JUDGEMENT

(1.) THIS second appeal is by the defendants who are respectively a widow and the transferee from that widow. The transferee, Hariram, is the father of Mst. Lukai, the first appellant. By a- registered sale deed, dated 20-5-1949, Mst. Lukai sold two fields Nos. 409 and 476, total area 4. 62 acres, of mouza Kaehhar, tahsil kharsia, district Raigarh, to Hariram out of 12 old acres of land inherited by her from her husband Katikram. The slit was brought for a declaration by the present respondents that the transfer was not binding on them after the widow's death.

(2.) THE suit had a chequered career in the Courts below, the trial Court dismissing it and the first appellate Court decreeing it. According to the first appellate Court, there was no proof of legal necessity nor was any case set up to prove it. The learned appellate Judge, therefore, decreed the plaintiffs claim. The two defendants thereupon appealed.

(3.) DURING the pendency of this appeal the Hindu Succession Act, 1956 (Act No. XXX Of 1956) came to be passed. The learned counsel for the appellants therefore abandoned the original case, knowing that the second appeal was concluded by a finding of fact. He based his case upon Section 14 of the aforesaid Act and cited the following cases in support of his contention that the reversioners were now out of the picture: R. A. Missir v. Raghunath, (S) AIR 1957 Pat 480 (A), Mt. Janki Kuer v. Chhathu Prasad, (S) AIR 1957 Pat 674 (E), Bhabani Prasad v. Sm. Saraf, sundari AIR 1957 Cal 527 (C) and a decision of this Court reported in dhirajkunwar v. Lakhansingh 1957 MPLJ 137: ( (S) AIR 1957 Madh Pra 38) (D ).