RATAN LAL JAIN Vs. PRABHAWATI DEVI

JUDGEMENT

(1.) NO one is appearing on behalf of the appellants. Learned counsel for the respondents is present in court. We accordingly heard him at length.

(2.) ADMITTEDLY , a partition took place between the father and his three sons, as recorded in a registered deed of partition dated 26.11.1945. Before that a sum of Rs. 2500/ - was advanced to acquire a house property under a contract for sale. Subsequent to the partition, on the basis of a decree passed in a suit affirmed in appeal, by a registered sale deed dated 6th September, 1957 the said property was transferred by the vendor in favour of the mother of those three sons. The contract for sale was also entered by the mother of those three sons.

(3.) THE plaintiffs, being two of those separated sons, filed a suit seeking partition of the said property, which the mother had transferred in the meantime in favour of the wife of other son. It was contended that the property was purchased by using joint family money. The partition deed dated 26th November, 1945 did not say a word pertaining to advance of Rs. 2500/ - made on 26th June, 1945 in terms of the contract for sale of the property, in question. Admittedly, the joint family stood disrupted on 26th November, 1945. The plaintiff failed to prove that the property, in question, was purchased by his father in the name of his mother. On the contrary, the plaintiff admitted that the mother had a money lending business and she also owned properties at Aurangabad and Beiaganj. Although there is no evidence on record suggesting that the father had purchased the subject property in the name of his wife out of his monies and on the contrary though there are ample evidence suggesting that the mother had adequate financial resources to purchase the property, in question for a sum of Rs. 10,500/ -, but even assuming that the father had purchased the property in the name of his wife, he purchased the same for the sole benefit of his wife and accordingly, unless restrained by the father to deal With the property, his wife had all the rights to deal with the same in the manner as she wished.