DHANU MAHTON Vs. AJODHIYA PRASAD SINGH

JUDGEMENT

(1.) This is an appeal from the appellate judgment of the Additional Subordinate Judge of Darbhanga in a suit by the plaintiff to recover 8 bighas of land which had formerly belonged to one Lalchand Mahto who died in September 1925. The plaintiff is admittedly the next reversioner of the deceased Lalchand Mahto. After the death of Lalchand Mahto his widow Mt. Daibati succeeded to his estate.

(2.) This lady in January 1927 contracted a second or sagai marriage with one Rupan Mahto and after her second marriage she execute a kabala to the defendant first party for a sum of Rs. 1,455 and sold to him the 8 bighas, of land the subject of contest. The purchase money was applied in discharging certain debts which were supposed to be a burden on the estate of the deceased Lalchand Mahto. The Courts below have found that inasmuch as the lady had already contracted a sagai marriage at the date of the kabala the kabala is void because she had no title to transfer the land in dispute, and this finding is not questioned. But the lower appellate Court has held that before the plaintiff who is the next reversioner and the real owner of the property, which the lady purported to convey can recover possession he must reimburse the defendant first party the sums out of the purchase price of Rs. 1,455 which were expended on the payment of certain of the debts of the estate.

(3.) Now the material debts with which I am concerned are a sum of Rs. 350 paid to satisfy a sudhbharna bond executed by the widow Daibati to one Ram Pratap before the date of the second marriage but after the decease of her husband. This is dated September 1925. The consideration expressed in the sudhbharna bond is that it was to pay off a debt of Rs. 150 owing to the deceased Lalchand Mahton on a chithi yaddasht and further a sum of Rs. 200 which was to be utilized by the widow in paying his sradh expenses. The 8 bighas of land or some material portion of it was taken into possession by the sudhbharnadar as security for the loan.