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1969 Supreme(Pat) 155

ANWAR AHMAD, N.L.UNTWALIA
Sulochana Kuer – Appellant
Versus
Deomati Kuer – Respondent


Judgment

Untwalia, J.

1. The relevant facts in the suit giving rise to this second appeal at the instance of the plaintiffs are in a short compass. One Bandhu Singh died leaving behind his widow Sunder Kuer (defendant No. 2) and four daughters, three of whom are the three plaintiff-appellants and the fourth one is Deomati Kuer, defendant No. 1. Defendants 1 and 2 are respectively respondents 1 and 2 in this second appeal. Sunder Kuer executed a deed of gift on the 13th of May, 1955, in favour of Deomati Kuer in respect of the suit properties. The plaintiffs suit is for setting aside the deed of gift aforesaid on the ground of fraud and for a declaration that in any event it is ineffective and inoperative beyond the life time of Sunder Kuer. In other words, the suit was filed by the next reversioners challenging the gift made by a Hindu widow in favour of her one daughter to the exclusion of the other three, which gift was made before coming into force of the Hindu Succession Act, 1956 , Central Act XXX of 1956 (hereinafter called the Act).

The attack on the deed of gift was twofold, one on the ground of practice of fraud by the husband of defendant No. 3 upon defendant No. 2, and th





















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