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1958 Supreme(Pat) 30

PATNA HIGH COURT
Misra and S.C.Prasad JJ.
Ramsaroop Singh
Versus
Hiralall Singh
Appeal from Original Decree No. 189 of 1950 ;
Decided On : FEBRUARY 12, 1958

Section 14 of the Hindu Succession Act, 1956, has a retrospective effect, and as a result, the reversionary right of a reversioner is extinguished, and the alienations made by the limited owners are binding on him.

Headnote:

HINDU SUCCESSION ACT - SECTION 14 - REVERSIONARY RIGHT - ABOLITION - RETROSPECTIVE EFFECT - ALIENATION BY LIMITED OWNER - BINDING ON REVERSIONER.

Fact of the Case:

Suit by a reversioner for a declaration that the sale deeds executed by the limited owners were not binding on him. The suit was decreed by the trial court, but on appeal, the decision was reversed.

Finding of the Court:

The court held that Section 14 of the Hindu Succession Act, 1956, which confers absolute ownership rights on Hindu females in respect of all properties held by them, has a retrospective effect. As a result, the reversionary right of the plaintiff was extinguished, and the alienations made by the limited owners were binding on him.

Issues: Whether Section 14 of the Hindu Succession Act, 1956, has a retrospective effect.

Ratio Decidendi: The court interpreted Section 14 of the Hindu Succession Act, 1956, to have a retrospective effect, meaning that it applies to all properties held by Hindu females, regardless of when they acquired those properties. The court reasoned that the section's use of the phrase "any property possessed by a female Hindu" indicates that the Legislature intended to confer absolute ownership rights on Hindu females in all properties, without any reference to the point of time when they might have come to have those properties. The court also noted that the section's explanation defines "property" to include both movable and immovable property acquired by a Hindu female before or after the commencement of the Act, which further supports the retrospective interpretation.

Final Decision: The appeal was allowed, and the suit was dismissed.

Judgment

Misra, J.

1. This is a suit by the plaintiff for a declaration that the deed of sale dated 1st of July, 3931, executed by Madhukuer and defendant Nos. 1 to 4, in the name of Harihar Singh the deed of sale dated 13th of January, 1943, executed by Nathuni Singh and Munshi Singh in the name of Punit Singh; two deeds of sale dated 13th of September, 1945 and 14th of September, 1946, executed by Punit Singh in the name of Ramsaroop Singh and Pargash Singh, respectively; the deed of sale dated 13 h September, 1946, executed by Bila Kuer and Ratuna Kuer in the name of Ramsaroop Sinqh; and the deed of sale dated 13th , f Sep ember, 1946, executed by Bala Kuer and Ratuna Kuer in the name of Pargas Singh, in all six saie deeds, are executed without legal necessity said without consideration and are not binding upon the estate, or upon the reversioners to the estate, of Janakdhari Singh. The plaintiff claims to be one of the reversioners to the estate of Janakdhari Singh and releis upon the following genealogy in support of his relationship with Janakdhari :

UTTIM SINGH died in 1917

mADHU KUER died on 16-8-1941

_____________________________

|

_______________________________________________________________________________________

| | | | | |

Janakdhari Mit. Kuer Jakdev Bala Kuer Narayan Sheo Kuer Beasl Kuer Ratuna Kuer

Singh Singh, Singh, Kewal Singh Ramkhelawan Punit Singh

died in 1923 no issue was no issue was born, | Singh |

& his widow born | | |

died in 1925 | Tulsi Singh |

Issueless. | |

____________________ |

| | |

Mohi Lal Hira Lal |

_________________________________________

|

_____________________________________________________________________

| | | |

Ram Bhagwan Singh. Raj Nandan Singh. Ram Nandan Singh. Shyam Nandan Singh.

The maternal grand-mother of the plaintiff died on 16th August, 1944 leaving behind her three daughters, defendants Nos. 2 to 4, and seven maternal grandsons including the plaintiff, defendant No. 1 and defendants Nos. 10 to 13 and 16. The mother of the plaintiff, Sheo Kuer, is dead. Beasi Kuer, mother of defendant Tulsi Singh is also dead.

The case of the plaintiff was that when he went to his Nanihal on the occasion of the Sradh ceremony of Mt. Madhu Kuer, he learnt that Harihar Singh, father-in-law of Ratuna Kuer and Samdhi of Madhu Kuer, who was a frequent visitor to village Shikaria and looked after the affairs of Madhu Kuer, persuaded the latter to execute a nominal deed of sale in respect of most of the properties of the estate of Janakdhari Singh. Punit Singh, defendant No. 7, also practised fraud and set up a false and fraudulent claim to 6 bighas & 7 kathas 1 dhur of kast land. Accordingly, he obtained certified copies of the sale deeds from the registry office which bore dates 1st July, 1931 and 13th January, 1943.

On a perusal of the documents, he found that the deed dated 1st of July, 1931, was exe- cuted by his maternal grand-mother, Mt. Madhu Kuer, and defendant Nos. 1 to 4, viz., his own brother Mehi Lall Singh and the three living sisters of his mother, namely, Mt. Mit Kuer, Mt. Bala Kuer an



















































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