TOD SINGH Vs. BEGUM BAI

JUDGEMENT

(1.) The appellants before us were the defendants in cavil suit No. 59 of 1954 of the Court of Civil Judge, Class II, Chhinclwara, out of which this appeal arises. The defendants had come up in second appeal against the concurrent decrees of the Courts below granting to the plaintiff-respondent Begambai possession of the property covered by the sale deed executed by Mst. Danno in their favour. That appeal was heard by Tambe, J. and was dismissed. The defendants have therefore preferred this Letters Patent Appeal against his decision.

(2.) The facts which are not in dispute are these : One Lalsingh had two wives, Mst. Purno and Mst. Danno. The plaintiff Begambai is the daughter of Mst. Purno. Mst. Danno had a daughter Mst. Shivrati and a son Kanhaiya. Mst. Purno died in the year 1920, Lalsingh on 11-12-1929, Kanhaiya in 1930, Mst. Danno on 9-11-1951, and Mst. Shivrati in 1952. Lalsingh left a house in mouza Loni Kala and certain fields in mouza Loni Kala and mouza Pachagaon. On his demise the property devolved upon his son Kanhaiya, and on the latter's death it devolved upon Mst. Dan-no. Mst. Danno transferred all the property left by her and out of the sale proceeds purchased certain fields situate in mouza Ponia, mentioned in Schedule C attached to the plaint. These fields were sold by her to the defendants on 14-41951. After her demise the plaintiff as the next reversioner filed the present suit for possession of the said fields. Her contention was that these fields assumed the character of Lalsingh's property and accordingly the sale by Mst. Danno thereof was not binding upon her.

(3.) The defendants did not specifically plead legal necessity for the transfer of the fields in their favour. That question, however, appears to have been litigated and was negatived by all the Courts. In fact, as appears from the judgment of the learned Single Judge, it was conceded before him that the transfer in favour of the defendants was without legal necessity. So far as that part of the case is concerned, therefore, it is finally settled.