SUKHDEO Vs. RAM NEWAZ

JUDGEMENT

(1.) The dispute in this appeal relates to two bighas of nankar land situated in the village Balakmau, which appertained to a 9 pies and odd share belonging to Earn Charan. On the 12 February, 1884, Ram Charan sold his zamindari share aforesaid to Sheo Narayan, his son-in-law, reserving at the same time the said two bighas of nankar land for his use and for the use of his male descendants (aulad khas) without any power of alienation and free from any liability for the payment of rent subject to the condition that if at any time he had no descendant loft the land shall revert to the purchaser.

(2.) Ram Charan accordingly remained in possession of the said land during his lifetime. He was succeeded by his son Muazzam Ram, who died in the year 1918 without leaving any issue. The plaintiffs claim to be the nephews of Ram Charan and their contention is that the said two bighas of land had been permanently exempted from the sale and that the covenant restraining alienation and providing for the reversion of the property to the vendee in case Ram Charan had no male descendant left, was invalid. The defendants are the purchasers of the interest of Bindeshri and Rameshar, the nephews and legal representatives of Sheo Narain.

(3.) The Courts below were of opinion that the reservation made in the sale deed was absolute and a provision made for the reversion of the land to the vendee in case Ram Charan left no male descendant was void.