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1963 Supreme(Pat) 24

V.RAMASWAMI, N.L.UNTWALIA
Sheopujan Pandey – Appellant
Versus
Ramsewak Ojha – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiff Sheopuian Pandey alleged that he is the next reversloner to the estate of Hari-charan Pandey and that two deeds of gift executed by Musammat Barta Kuer, the widow of Hari-charan Pandey, on the 31st May, 1944, and the 1st December, 1948, in favour of Ramsewak Ojha and Nema Pandey, respectively, were illegal and void and not for legal necessity. The plaintiff accordingly prayed for a declaration that these deeds of gift were not binding upon the reversioners. The suit was contested by the widow, Musammat Barta Kuer, and also by the transferees, Nema Pandey and Ramsewak Ojha. The trial Court accepted the case of the plaintiff and granted a decree in his favour. Against the decree of the trial Court the defendants preferred an appeal to the High Court, During the pendency of the appeal in the High Court, namely, on the 17th June, 1956, the Hindu Succession Act (Central Act No. 30 of 1956) came into force. When the appeal came up for hearing, Misra, J., took the view that Sec.14 of the Hindu Succession Act applied to the case, and under the provisions of that section, the widow became full owner of the property in disp





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