This Second Appeal raises an interesting question of law about the applicability of section 14 of the Hindu Succession Act (Central Act XXX of 1956), hereinafter referred to as the Act. The brief facts of the case are:

The properties involved in the suit belonged to one Govindaraju Goundan, who died about thirty years ago. The plaintiff and the first defendant are his brothers while the third defendant is his widow. The second defendant is the son of the first defendant, and he has married the third defendant’s brother’s daughter. The third defendant who was in possession of her husband’s properties conveyed the same to the second defendant under a registered deed of gift, Exhibit B-1, dated 1st June, 1948. On 2nd September, 1958 the plaintiff, as the nearest reversioner of Govindaraju Goundan, filed the suit for a declaration that the gift deed in favour of the second defendant would not be binding on the reversion after the death of the widow. Two months later, while the suit was pending, the second defendant, the settlee under Exhibit B-1, conveyed back the properties to the widow under Exhibit B-2, dated 12th November, 1958. On behalf of the widow, the third defendant,