Judgement

SHAH, J. : Hukam Singh and Sukhram -the first appellant in this appeal-were two brothers. Chidda - the second appellant -is the son of Sukhram. Hukam Singh, Sukhram and Chidda constituted a Hindu joint family and were governed by the Mitakshara Law of the Benares School. Hukam Singh died in 1952 leaving him surviving his wife Kishan Devi. On December 15, 1956, Kishan Devi sold a half share in a house and a shop belonging to the joint family, to Gauri Shankar. Sukhram and his son Chidda then commenced an action in the Court of the Munsif of Ghaziabad for a decree declaring that the sale by Kishan Devi to Gauri Shankar was without consideration, and for an order cancelling the sale deed. The suit was dismissed by the Court of First Instance, the District Court, Meerut, and the High Court of Allahabad.

2. In this appeal the only question which falls to be determined is whether the sale deed executed by Kishan Devi was binding upon the coparceners of her husband. On the death of Hukam Singh in 1952, it is common ground Kishan Devi acquired by virtue of S. 3 (2) of the Hindu Women s Rights to Property Act 18 of 1937, the same interest in the property of the joint family which Hu