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1957 Supreme(Pat) 217

RAJ KISHORE PRASAD, V.RAMASWAMI
Baijnath Potedar – Appellant
Versus
Ramautar Choudhary – Respondent


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 n

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