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1965 Supreme(SC) 138

R.S.BACHAWAT, A.K.SARKAR, J.R.MUDHOLKAR
Radha Rani Bhargava – Appellant
Versus
Hanuman Prasad Bhargava – Respondent


Advocates:
B.P.MAHESHVARI, M.V.GOSWAMY, NAUNIT LAL, RAMESHWAR NATH ROY, S.MURTHY, S.N.ANDLEY, S.T.DESAI

Judgement

BACHAWAT, J. : One Kalyan Singh died sonless in the year 1918 leaving him surviving his widow, Mst. Bhagwati and two daughters, Mst. Indrawati and Mst. Radha Rani. By a deed dated October 10, 1919, Mst. Bhagwati alienated her husband s estate in favour of certain alienees. On October 23, 1931, Mst. Indrawati suing in a representative capacity on behalf of the reversioners to the estate of Kalyan Singh, instituted the suit in the Court of the Additional Civil Judge of Mathura, out of which this appeal arises, impleading the alienees as also Mst. Bhagwati and Mst. Radha Rani as defendants and claiming a declaration that the alienation was null and void against the subsequent heirs of Kalyan Singh and that on the death of Mst. Bhagwati, his next heirs would be entitled to get possession of the alienated properties. On August 12, 1941 the trial Judge decreed the suit and granted a declaration that the alienation "is void beyond the life-time of Mst. Bhagwati and does not bind the reversioners, who would be entitled after the death of Mst. Bhagwati to possession over the assets of Babu Kalyan Singh." On February 12, 1942, some of the alienees preferred an appeal to the Allahaba












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