SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1957 Supreme(Pat) 217

PATNA HIGH COURT
V.Ramaswami and Raj Kishore Prasad JJ.
Baijnath Potedar
Versus
Ramautar Choudhary
Appeal From Appellate Decree No. 404 of 1951 ;
Decided On : NOVEMBER 11, 1957

The central legal point established in the judgment is that the respondents-plaintiffs no longer had the standing of reversioners under the Hindu Succession Act, leading to the dismissal of their suit.

Headnote:

Reversioners - Hindu Succession Act - The court held that the respondents-plaintiffs have no locus standi to bring the suit as they are no more in the position of reversioners to the estate of the last male holder, and the estate of the widow is not a limited estate but an absolute estate.

Fact of the Case:

The respondents claimed to be the reversioners to the estate of defendant No. 9, Mosammat Kari Kumari, widow of Bhagwan Choudhary, and sought a declaration that certain sale deeds were not executed for legal necessity and were not binding upon the reversioners.

Finding of the Court:

The court found that the respondents-plaintiffs have no locus standi to bring the suit and are no more in the position of reversioners to the estate of the last male holder, leading to the dismissal of the appeal and the suit of the plaintiffs.

Issues: The main issue was whether the respondents had the standing to bring the suit as reversioners to the estate of the last male holder.

Ratio Decidendi: The court applied the Hindu Succession Act and held that the respondents-plaintiffs no longer had the status of reversioners due to the changes brought about by the Act, and the estate of the widow was deemed an absolute estate.

Final Decision: The appeal was allowed, and the suit of the plaintiffs was dismissed, with each party bearing their own costs throughout.

Judgment

1. In this appeal the respondents claim to be the reversioners to the estate of defendant No. 9, Mosammat Kari Kumari, widow of Bhagwan Choudhary, and prayed for a declaration that the two sale deeds executed by defendant No. 9, exhibit B-1, dated the 4th July, 1935, and exhibit B-1/2, dated the 10th September, 1941, were not executed for legal necessity and were not binding upon the reversioners. Both the lower Courts have accepted the case of the plaintiffs and granted a decree to the effect that the sale deeds, exhibits B-1 and B-1/2 were not executed for legal necessity and were not binding upon the reversioners.

2. In support of this appeal, Counsel on be half of the appellants made the submission that the suit of the reversioners must be dismissed in view of the change brought about in the legal position by the Hindu Succession Act (Act XXX of 1956) which came into force on the 17th of June, 1956. It was also argued that the appellate Court was entitled to take into consideration the legislative changes which had supervened since the decision has been given. It was also argued that on reading Sections 14 and 15 of Act XXX of 1956 it was clear that the plaintiffs are not now in the position of rever-sioners and the estate of the widow is not a limited estate, but an absolute estate and the plaintiffs have no vested interest in the property nor any right of reversion nor any kind of spes successions. In support of this argument, learned Counsel relied upon three decisions namely, Ram Ayodhya Missir V/s. Raghunath Missir, 1956 BL JR 734: ( (S) AIR 1957 Pat 480) (A), Mt. Dhanwatia V/s. Deonandan Mahton, 1957 Pat LR 92: (AIR 1957 Pat 477) (B), and a decision in Mt. Janki Kuer V/s. Chhathu Prasad, F. A. No. 304 of 1948, D/- 23-7-1957 : (AIR 1957 Pat 674) (C).

3. In our opinion, the ratio of these decisions applies to the present case, and it must be held that the respondents-plaintiffs have no locus standi to bring the suit and they are no more in the position of reversioners to the estate of the last male holder, namely, Bhagwan Chaudhury, husband of Mosammat Kari Kumari. It follows, therefore, that this appeal must be allowed and the suit of the plaintiffs must stand dismissed. In the circumstances of the case, the parties will bear their own costs throughout.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top