BENI MADHO SAH Vs. RAM KUER

JUDGEMENT

(1.) This appeal by defendants 1, 1(a), 1(b), 4, 13, 20, 21, 32 and 36 is directed against the judgment and decree of the second Additional Subordinate Judge, Mothihari, by which the plaintiff's suit was decreed in part.

(2.) The plaintiff instituted the present suit for a declaration that the transfers made by Mt. Bhuneshwar Kuer, detailed in the schedule attached to the plaint, were not for legal necessity and were not binding on the reversioners of the estate of Nanhku Chaudhury. The relationship of the plaintiff with Nanhku Chaudhury, will appear from the following genealogy: NANKU CHAUDHURY __________________|_________ | | Wife I Wife II Mt. Manmati Kuer Mt. Bhuneshwar Kuer (died in December (Defendant No. 38) 1944) died on 11-8-48 | | Sm. Rama Kuer Mt. Ramdhari kuer (plaintiff) (died 17 years ago).

(3.) After the death of Nanhku Chaudhury, his properties were inherited by his two widows Mt. Manmati Kuer and Mt. Bhuneshwar Kuer. After sometime the two widows partitioned the properties by which each got about 67 bighas ot raiyati lands besides other moveable properties. Soon after the partition between the two widows both of them started alienating properties which had been allotted to their shares. Mt. Manmati Kuer, on her part, executed several transfers including a deed of gift dated 2-2-1939, in favour of her daughter Srimati Rama Kuer. Bhuneshwar Kuer also started alienating properties from October 1939 onwards. On 24-9-1940, Sm. Rama Kuer and Mt. Manmati Kuer filed title suit No. 67 of 1940 for setting aside several alienations made by Bhuneshwar Kuer impleading her also as a defendant to the action. On 20-3-1942, title suit No. 67 of 1940 was decreed. The learned Subordinate Judge held in that suit that the transfers were not for legal necessity and that the alienation by Bhuneshwar Kuer without the consent of the other co-widow, was wholly illegal. On 2-2-1945, Mt. Bhuneshwar Kuer instituted title suit No. 12 of 1945 for setting aside about six transfers made by Mt. Manmati Kuer in favour of various transferees including Sm. Rama Kuer. Title Suit No. 12 of 1945 was ultimately decreed on 31-5-1946. Some of the transferees thereafter filed First Appeal No. 272 of 1946. During the pendency of this first appeal Mt. Bhuneshwar Kuer died on 11-8-1948, after which the appellants abandoned that first appeal.