K.VENKATASWAMI, A.P.MISRA
Naresh – Appellant
Versus
Shakshi Lal – Respondent
Judgment
Misra, J.-The question in issue is, whether a female Hindu buying a house from a widow, a widow’s estate prior to the coming into force of the Hindu Succession Act, 1956 (hereinafter referred to as ‘the 1956 Act’), would become full owner of such house by virtue of Section 14(1) of the said Act? In other words, it raises the question of interpretation of Section 14(1) and (2), as to, whether the transferee of such widow’s estate, on the facts of this case, would fall under sub-section (1) or (2) of Section 14? In case it falls under sub-section (2), it would not mature her right in such property and thus it would revert back to the reversioners of the husband of the widow but if it falls under sub-section (1) she would become full owner of such property.
2. It is necessary to give some of the basic bare facts to appreciate and adjudicate the controversies of this case.
3. One Smt. Kesri, widow of Radhakishan, sold the house in dispute to Smt. Naresh Kumari, the appellant No. 1, on 29th January, 1954 for Rs. 3,000/-. Sakshi Lal and Ashwani Kumari, the respondents, are reversioners of Radhakishan. Earlier, the said reversioners challenged the said sale and sought declaration o
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