BACHCHA SINGH Vs. SARASWATI DEVI

JUDGEMENT

(1.) BHAROSA Singh, son of Faudal Singh of Village Kadhwan, District Palamau had two sons, namely, Suba Singh and Bachcha Singh, the plaintiff. Suba Singh died in the year 1928 issueless, leaving behind his widow, Mostt. Kusum Debi, who also died some time in the year 1979.

(2.) DURING her life time, Mostt. Kusum Debi executed a registered deed of gift dated 21.11.1978 in favour of one Jugeshwar Singh, defendant no. 1 as also a registered sale deed dated 24.11.1978 in favour of Sarswati Debi, the defendant no.2, wife of Ramnaresh Singh. Subsequently, by registered sale deeds in the year 1981, the defendant no.1 sold the lands obtained by the said gift to Sarswati Debi, Brij Kishore Singh and Moti Raj Debi, the defendants 2 to 4.

(3.) ADMITTEDLY , Mostt. Kusum Debi exclusively enjoyed the aforesaid property given to her in lieu of maintenance and was exclusively in possession thereof upto 17.6.1956, when the Hindu Succession Act, 1956 came into force. She, therefore, acquired absolute right, title and interest in the above .said property by virtue of the provision of the aforesaid Act.