(1.) THE questions referred to the Full Bench are:
(2.) THE facts of the case, so far as they are relevant for this reference, are these. A genealogical tree will be necessary. We take the one given an the order of reference : DEVAJI (dead) __________________________________|____________________________ | | Nanhu (dead)Ganpat (dead) | | | bhondu |_________________________________________________________ (Pltff. 1) | | | sarup (dead) Mst. Jugnamst. Gulja=mst. Batni (Deft. 2) (Plff. 2) (Plff. 3) | nathia (dead) Sarup held, as his ancestral property, two occupancy plots khasra Nos. 188 and 189 of village Sasawad. He died in March 1952, leaving behind. him surviving his widow, Mst. Batni (defendant 2), and a son, Nathia, besides two sisters, Mst. Jugna (plaintiff 2) and Mst. Gulja (plaintiff 3), and a first cousin Bhondu (plaintiff 1 ). Nathia died on 20-11-1952. Thereafter, by a sale deed dated 7-6-1954, Mst, Batni transferred without legal necessity the occupancy plots to Ramdayal (defendant 1), Subsequently, Mst. Batni remarried. Bhondu, Mst. Jugna and Mst. Gulja thereupon brought the suit out of which this reference arises for a declaration that the sale deed dated 7-6-1954 was ineffective against them and for possession of the two occupancy plots.
(3.) THE first two questions involve a consideration of the effect of Sections 2 and 5 of the Hindu Widow's Remarriage Act, 1856 (XV of 1856), which are as under:
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