ON THE DEATH OF NILLSWARI HAZORI, HER HEIRS AND LEGAL REPRESENTATIVES SMTI. JYOSODA BASUMATARY AND OTHERS Vs. SURESH CHANDRA RAVA AND OTHERS

JUDGEMENT

(1.) A suit was filed in 1969 for declaration of title of the plaintiffs over 81 bighas and odd land. A prayer was also made to declare plaintiffs' possession over the suit land. The suit was decreed, but on appeal the decree came to be reversed. Hence this second appeal.

(2.) The plaintiffs' case was that one Raghu was the owner of the suit property. On his death around 1942, the property devolved on Gajen, Haren and Thureswari-the first two being the sons and the third a daughter of Raghu. In the suit as filed, the daughter of Gajen joined as plaintiff No.1 and Thureswari was plaintiff No.2. The defendants were one Suresh Ch. Rava and his children. Suresh Chandra was the second husband of Kanoj who was the wife of Haren. The second marriage between Kanoj and Suresh Chandra took place around 1954. On these broad facts, the plaintiffs claimed title stating that after re-marriage of Kanoj who had become widow by about 1952, the property inherited by Kanoj as wife of Haren vested in the reversioner and so they had become the full owner of the property left by Haren.

(3.) The important point for determination is what happened to the property inherited by Kanoj after she had re married Suresh Chandra around 1954. The view taken by the learned Court below is that Kanoj became the full owner of the property because of the provisions in section 14 of the Hindu Succession Act, 1956, hereinafter the Succession Act. Another observation made by the learned Assistant District Judge is that as the property had once vested in Kanoj, the same could not be divested.