AMRUTI DEI Vs. SARADAMONI DEI

JUDGEMENT

(1.) THIS is an appeal by defendant 3 in a suit by a reversioner for a declaration that the alienation made by the mother of the plaintiff is invalid and for possession of the lands described in sch. 'Ga' attached to the plaint.

(2.) THE plaintiff Saradamoni Dei is the daughter of one Bhola Nath Singh who died leaving a widow by name Ushamoni and two daughters, viz., the plaintiff and another who is now dead. The widow Ushamoni died in the year 1944 leaving the plaintiff as the Bole surviving heir of Bhola Nath. Defendant

(3.) THE learned Munsif who tried the suit in the first instance held that Uahamoni was only a benamidar for her husband and that the real title to these properties rested with Bholanath. He, however, found that the alienation made by the widow under EX. A, dated 18th August 1937 was justified by legal necessity and accordingly upheld the sale in favour of the appellant. He also found that a sum of Rs. 170 had actually been paid by the appellant to Ushamoni as consideration for Ex. A. He relied upon the evidence adduced by D. ws.2 and 4 to the effect that Ushamoni was pressed by necessity on account of the expenses incurred by her for the marriage of her second daughter. He also accepted the testimony of the witnesses that the income from Bholanath'a estate gradually dwindled on account of failure of crops and nonpayment of rent so that she could hardly make both ends meet. The learned Munsif observed: