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1964 Supreme(Ori) 65

S.BARMAN, G.K.MISRA
RAGHUNATH SAHU – Appellant
Versus
BHIMSEN NAIK – Respondent


Advocates Appeared:
R.N.MISRA, R.N.SINHA, S.N.SINHA

BARMAN, J.

( 1 ) THE point involved in this appeal is the interpretation of Section 14 of The Hindu succession Act, 1956 for determination of a female Hindu Widow's right under a compromise decree in a certain partition suit in respect of property allotted to her to be held by her in severally in lieu of her undivided share in the joint estate in the manner provided in the decree.

( 2 ) DEFENDANTS 1 and 2 are appellants. The suit out of which this appeal arises was filed by the plaintiff for a declaration that the sale effected by his widowed paternal grand-mother defendant No. 2 Dulei Bewa in favour of defendant No. 1 is not binding on the plaintiff beyond the life time of defendant No. 2 Dulei Bewa and for issue of permanent injunction against defendant No. 2 restraining her from further transferring the suit, land's in future as prayed for in the plaint.

( 3 ) THE facts so far as material for the present purpose are shortly these: defendant No. 2 Dulei Bewa is a widow of one Satura Naik deceased. Plaintiff's father Arakhit (deceased) was the only son of defendant No. 2 dulei Bewa. Defendant No. 3 Bisika Bewa is the widow of Arakhit. In a previous partition suit T. S. No. no o



















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