MUTHU PILLAY Vs. CHAKRAPANI CHETTYAR

JUDGEMENT

(1.) PLAINTIFF is a purchaser from the junior of two widows, who jointly inherited certain property from their husband, and he has been given a declaration that he is entitled to the rights possessed by her at the time of the alienation in his favour. The sale has been declared by the lower Courts to be not binding on the estate, so as to bind either the senior widow or the reversioners. The appeal is against the decree declaring that the plaintiff has obtained the rights of the junior widow. We are unable to see any valid objection to it. The case relied on by the appellant, Vadali Mamidigadu v. Kotapalli Ramayya 26 M. 334 is not an authority in support of his contention that the sale is altogether void so as to convey no right to the purchaser. We, therefore, dismiss the second appeal with costs.

(2.) THIS judgment will not affect any claim that the plaintiff may have to the enjoyment of the whole property on the death of the senior widow, nor do we decide any question regarding the plaintiff s right under the alienation as between him and the reversioners. We dismiss the memorandum of objections also with costs.