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1958 Supreme(Pat) 94

B.P.JAMUAR, V.RAMASWAMI, R.K.CHOUDHARY
Harak Singh – Appellant
Versus
Kailash Singh – Respondent


Judgment

V.Ramaswami, J.

1. In the suit which is the subject-matter of this appeal the plaintiffs asked for A declaration that the deed of gift dated 30-3-1949, executed by defendant No. 2, Musammat Deosunder Kuer, widow of Rambarat Singh, in favour of defendant No. 1, Kailash Singh, was not valid beyond the lifetime of the widow and was not binding upon the plaintiffs, who are the next reversioners. The plaintiffs claimed to be the next reversioners to the estate of Rambarat Singh and alleged that defendant No. 1, in whose favour the gift was made, was the sisters son of Deosunder Kuer. The suit was contested by defendant No. 1, who alleged that the plaintiffs were not the next reversioners and that defendant No. 1 himself was the next reversioner, being the sisters son of Rambarat Singh.

The learned Subordinate Judge dismissed the suit, firstly on the ground that defendant No. 1 was the sisters son of Rambarat Singh and, therefore, the plaintiffs were not the next reversioners to the estate of Rambarat Singh. The Subordinate Judge, therefore, held that the suit was not maintainable and dismissed the suit.

2. The appeal was in the first instance heard by Sinha and Untwalia, JJ. It







































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