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1974 Supreme(SC) 91

K.K.MATHEW, A.ALAGIRISWAMI
Daya Singh (dead) through L. Rs. – Appellant
Versus
Dhan Kaur – Respondent


Advocates:
LALIT KOHLI, NAUNIT LAL, O.P.Varma

Judgment

ALAGIRISWAMI J. :- The property in dispute in this appeal belonged to Wadhawa Singh, the father of the respondent. After his death in the year 1933 his widow, who succeeded to the estate, made a gift of the property in favour of her daughter, the respondent, in April 1933. The appellants filed a suit as reversioners to the estate of Wadhawa Singh questioning the gift. The suit was decreed and the decree was confirmed on appeal. After coming into force of the Hindu Succession Act on 17-6-1956 the widow again made a gift of the same lands to the respondents. She died in 1963. The appellants then filed the suit, out of which this appeal arises, for possession of the lands alleging but the second gift was void. The Trial Court decreed their suit but on appeal the respondent succeeded in the first Appellate Court as well as the High Court on second appeal.

2. There is no doubt that Wadhawa Singh s widow had no right to make a gift of the property which she inherited from her husband in 1933 and the decree obtained by the appellants, who were reversioners to her husband s estate would bind the respondent who was also a party to that suit. The question then is whether the coming i































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