PRAFULLA KUMAR BERA Vs. SRIMATI BASANTI PANDA

JUDGEMENT

(1.) The property in suit originally belonged to one Provakar Panda. He died leaving his son Aswini, widow Narayani and two daughters, Basanti and Arundhati. The said two daughters brought a suit out of which this second appeal arises. Aswini having died unmarried it is not disputed that his mother Narayani, as widow of Provakar, inherited as a limited owner having Hindu woman's estate therein. Narayani granted patta in favour of the defendants, who are appellants in this second appeal, on July 6, 1952 granting permanent lease of Plot Nos.370 and 321 and a portion of Plot No.318 in their favour on payment of selami of Rs.800/- (Rupees eight hundred) and on an annual rent of eight annas. Narayani died in the year 1372 B.S. The plaintiffs-respondents thereafter instituted the instant suit for declaration of their right, title and interest and for permanent injunction inter alia on the allegation that their mother Narayani without legal necessity and without their consent had alienated said plots by way of grant of permanent lease. The plaintiffs allege that the said transfer in favour of the defendants was not binding upon them and they were entitled to the reliefs prayed for in the instant suit.

(2.) The defendants contested the said suit inter alia on the ground that the transfer by Narayani in their favour was for legal necessity and that the same was binding un reversioners of the last male holder of the suit property. The defendants further contended that the plaintiffs were not entitled to challenge the transfer inasmuch as by operation of section 14 of the Hindu Succession Act, 1956 their lessor Narayani had become the absolute owner and the plaintiffs could no longer claim to be reversioners entitled to have the transfer made by Narayani set aside and invalidated.

(3.) The learned Munsif dismissed the suit holding inter alia that transfer by Narayani by way of permanent lease was for legal necessity.