KUNWAR SRI NIWAS Vs. CHAUDHRI JUI NARAIN SINGH

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Allahabad dated 8-1- 1942, reversing the judgment and decree dated 14-5-1934, of the Subordinate Judge of Aligarb. The point at issue is whether certain alienations by two Hindu widows of inherited immovable property bound the estate. The respondents - the plaintiffs in the suit - contend that they did not. Their contention was accepted by the High Court and possession of the property in dispute was ordered to be given to them.

(2.) For the purpose of the determination of the case in the Courts below, it was necessary to consider many transactions upon which the widows from time to time embarked and to arrive at a conclusion as to their legal effect. In the course of the hearing before their Lordships it became apparent, and indeed it was properly conceded by the respondents, that the judgment of the High Court could not be upheld if upon their true construction, two mortgage deeds of 19-6-1879, executed by the widows severally, charged the corpus of the immovable property therein described and did not merely charge the income arising therefrom during the respective lifetimes of the widows. Their Lordships, having come to this conclusion that the corpus was charged by these deeds, find it unnecessary to state any facts other than such as are requisite for a proper understanding of the deeds, and the way, in which the point arises.

(3.) Chaudhri Tej Singh died childless in 1873 leaving him surviving two widows, Mt. Lachhman Kunwar who died in 1911, and Mt. Chhattar Kunwar who died in 1922, and a brother Chaudhri Jawahir Singh. Chaudhri Jawahir Singh who was alive in 1879 had two sons, Jai Earn Singh and Sital Singh both of whom died, the latter without issue, before the death of the surviving widow. On the death of Mt. Chhattar Kunwar, Chaudhri Jai Narain Singh the only child of Jai Ram Singh succeeded to the estates of Chaudhri Tej Singh. He and his assignees were the plaintiff's in the suit and the respondents to the appeal. The suit, it may be observed, was begun in 1933.