SUNDARMANI DEVI Vs. RUPEI DEI

JUDGEMENT

(1.) Defendants 1 and 2 filed this appeal against the judgment and decree of the learned Subordinate Judge of Cuttack decreeing the plaintiff's suit for a declaration that the alienation in favour of defendant 1 of the suit property by defendants 3 and 4 is not for legal necessity and does not bind the plaintiff who is alleged to be the nearest reversioner.

(2.) PLAINTIFF 's case is that one Ananda Ojha, Dinabandhu Ojha and Lokanath Ojha were three brothers and were living as members of a joint family; that Lokanath and Dinabandhu died one after another leaving no issues and Ananda was the sole surviving coparcener who alone succeeded to the land and house and was solely in possession thereof; that Ananda had two wives Manika the first wife who was the mother of the plaintiff and Mani the second wife who is defendant 3 and her daughters are defendants 5 and 6; that defendant 4 had no right to alienate the property; that defendant 3 had only a life interest in the disputed property; that defendants 3 and 4 executed an invalid and collusive kabala on 9 -7 -1949 without any legal necessity in favour of defendant 1 who is the wife of defendant 2 without consideration; that the recitals made in the sale deed were all false; that there was no legal necessity for the alienation and the alienation does not bind the reversioner; and that the suit was filed by the plaintiff alone as defendants 5 and 6 did not join her in filing the suit.

(3.) THE learned Subordinate Judge held that the three brothers Ananda, Lokanath and Dinabandhu were members of a joint family at the time of the deaths of Lokanath and Dinabandhu; that Ananda was the sole surviving coparcener; that the suit was maintainable by the plaintiff; that the kabala was not for legal necessity and that it did not bind the reversioners and consequently granted the declaration prayed for.