Judgement

Ray, C. J. :- This is a plaintiffs appeal in a suit for declaration that the suit lands are their ancestral joint family properties and that defendant 1 has not acquired any title thereto by virtue of a sale-deed dated 27-2-1940, executed by defendant 2. The plaintiffs and the husband of defendant 2 were members of a joint Hindu Mitakshara family at the time of the latters death. On his death, defendants succeeded to her husbands interest in the family properties under the Hindu Womens Right to Property Act. She transferred her this interest in favour of defendant 1 by the aforesaid sale-deed. The suit was resisted on the ground that defendant 2 had the right to alienate and the said alienation is binding on the plaintiffs. There was some dispute as between the parties as to whether the claimed properties were ancestral joint family properties. That controversy, however, has been set at rest and has not been re-agitated here. In this appeal, we shall proceed on the assumption that Judhisthir was joint in mess and estate at the time of his death.

2. The learned Munsif dismissed the plaintiffs suit on the findings that the properties, in dispute, were joint family properties