RAGHUNATH SAHU Vs. BHIMSEN NAIK

JUDGEMENT

(1.) THE point involved in this appeal is the interpretation of Section 14 of The Hindu succession Act, 1956 for determination of a female Hindu Widow's right under a compromise decree in a certain partition suit in respect of property allotted to her to be held by her in severally in lieu of her undivided share in the joint estate in the manner provided in the decree.

(2.) DEFENDANTS 1 and 2 are appellants. The suit out of which this appeal arises was filed by the plaintiff for a declaration that the sale effected by his widowed paternal grand-mother defendant No. 2 Dulei Bewa in favour of defendant No. 1 is not binding on the plaintiff beyond the life time of defendant No. 2 Dulei Bewa and for issue of permanent injunction against defendant No. 2 restraining her from further transferring the suit, land's in future as prayed for in the plaint.

(3.) THE facts so far as material for the present purpose are shortly these: defendant No. 2 Dulei Bewa is a widow of one Satura Naik deceased. Plaintiff's father Arakhit (deceased) was the only son of defendant No. 2 dulei Bewa. Defendant No. 3 Bisika Bewa is the widow of Arakhit. In a previous partition suit T. S. No. no of 1953 filed by defendant No. 2 dulei Bewa for partition against defendant No. 3 Bisika Bewa and plaintiff Bhimsen Naik there was a compromise decree dated August 18, 1954 Ext. 1 by which defendant No. 2 Dulei Bewa was allotted 4. 10 acres out of which she was given absolute right in respect of 1. 10 acres (Ka schedule) and life interest in respect of the remaining 3 acres and she gave up her interest in respect of the remaining 6. 59 acres to which she was legally entitled. Under the terms of the said compromise defendant No. 2 Dulei Bewa could not transfer her interest in the 3 acres of land in respect of which she was allowed life interest. On May 23, 1959 defendant No. 2 Dulei Bewa sold 1. 77 acres (out of the said 3 acres) being Kha schedule to defendant No. 1 under a sale deed. The plaintiff's case is that the said sale was in violation of the terms of the compromise. On October 27, 1955, the plaintiff filed this present suit for reliefs as aforesaid. Defendants 1 and 2 filed a joint written statement. The defence is that defendant No. 2 Dulei Bewa had acquired absolute right in the suit property by virtue of Section 14 of the Hindu Succession act.