SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1945 Supreme(Mad) 192

IN THE HIGH COURT OF MADRAS
Patanjali Sastri, J.
Makineni Virayya and Ors.
Versus
Madamanchi Bapayya
Decided On : 27.04.1945

The legal rights of a reversionary heir and the implications of a Hindu widow's limited interest were central to the judgment.

Headnote:

Reversionary Heir - Property Rights - 1904 Dakhal Deed - Summary of Acts and Sections: The court discussed the implications of the 1904 Dakhal Deed and its recitals, the limited interest of a Hindu widow, and the legal rights of the reversionary heir. The court emphasized that the plaintiff was not precluded from enforcing his legal rights as the reversionary heir.

Fact of the Case:

The plaintiff claimed to be the nearest reversionary heir of his maternal grandfather and brought a suit for recovery of properties. The defendants contended that the plaintiff's conduct precluded him from claiming the properties.

Finding of the Court:

The court found that the plaintiff was not precluded from claiming the properties as the reversionary heir, emphasizing the limited interest of the Hindu widow and the absence of estoppel or election in the plaintiff's case.

Issues: The main issue was whether the plaintiff's conduct precluded him from claiming the properties as the reversionary heir.

Ratio Decidendi: The court held that the plaintiff was not estopped or precluded by election from claiming the properties as the reversionary heir, emphasizing the limited interest of the Hindu widow and the absence of direct benefit under the 1904 Dakhal Deed.

Final Decision: The second appeal was dismissed, and the plaintiff was not precluded from claiming the properties as the reversionary heir.

JUDGMENT

Patanjali Sastri, J.

1. The only question raised in this second appeal is whether the plaintiff-respondent is precluded by his individual conduct from claiming the properties in suit as the nearest reversionary heir of his maternal grandfather, one Makineni Buchayya, who was the last full owner. Both the Courts below have held that he is not and passed a decree for delivery of possession. The defendants 1 to 3, 5 and 6 have preferred this appeal challenging the correctness of that decision.

2. The following table will show the relationship of the parties one to another :

Buchayya : Lakshmi Devi (d. 1900) (d. 21-5-1930) | __________________________________ | | Mangamma (predeceased Buchayya) Subbamma (d. 1906) | | Venkatasubbamma (d. 1906) Bapayya (Plaintiff) | Veerayya (first defendant)

3. On the 4th January, 1904, Lakshmi Devi executed a dakhal deed (Ex. D-1) whereby she transferred the properties inherited by her from her husband Buchayya. The deed recites that her husband, while in a sound state, made arrangements to the effect that she should enjoy during her lifetime the entire moveable and Immovable property belonging to him, and that after her lifetime one half of the property should pass to his daughter Subbamma and the other half to his granddaughter Venkatasubbamma with right of absolute disposal, and proceeds as follows:

According to the arrangement effected by him, the entire property is being enjoyed by me ever since. Hence as I have now become old and as I have no ability to get the lands cultivated, I have relinquished the right possessed by me during my lifetime in respect of the moveable and Immovable property worth Rs. 1,000 which has been in my possession and enjoyment and is described in the schedule hereunder, and I have on this date delivered possession of the same to you. . You shall both enjoy the said property in equal halves with rights of gift, exchange and sale from son to grandson and so on in succession . You shall maintain me during my lifetime and you shall cause the obsequies which have to be performed to me after my death to be performed by Krishnayya the husband of Makineni Venkatasubbamma of you.

4. This was followed by the execution, on the 8th January, 1904, of a maintenance deed (Ex. D-2) in favour of Lakshmi Devi by her daughter and grand-daughter, the donees under Ex. D-1. This deed also recited the arrangement said to have been made by the husband of Lakshmi Devi and the dhakal deed executed by the latter, and provided that Rs. 50 per annum should be paid by the donees in equal halves to Lakshmi Devi during her lifetime and that her obsequies should be duly performed after her death. The donees died in 1906 and, in 1907, the father of the plaintiff and the father of the first defendant acting as their respective guardians sold one of the items of Immovable property comprised in the dhakal deed. The rest of the properties appear to have been partitioned in equal shares and enjoyed separately by the plaintiff and first defendant. The plaintiff, who was a minor when all these transactions took place, attained majority in or about 1913. Thereafter by four sale deeds (Exs. D-6 to D-9) ranging from 1919 to 1928 the plaintiff sold all the Immovable properties allotted to his share at the partition aforesaid, and these deeds recited that the properties passed to his mother Subbamma under the dhakal deed executed by Lakshmi Devi and subsequently to him on his mothers death, and they purported to convey absolute title to the respective vendees in the properties sold. Lakshmi Devi died on the 21st May, 1930, and the plaintiff claiming to be the nearest reversionary heir of his maternal grandfather Buchayya brought the suit out of which this second appeal arises for recovery of the properties in the hands of the first defendant and his alienees who were impleaded as defendants 2 to 5. The fourth defendant died pending suit and is now represented by the sixth defendant.

5. The plaintiff alleged t














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top