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1959 Supreme(P&H) 32

G.L.CHOPRA
Gurmit Singh Partap Singh – Appellant
Versus
Tara Singh Sahib Singh – Respondent


Judgment

1. This last male holder of the land in dispute was Bhagwan Singh who, on his death, was succeeded by his pre-deceased sons widow Puran Kaur. On 1st July, 1943, Puran Kaur gifted the land in favour of her daughters son Gurmit Singh appellant. Tara Singh respondent, nephew of Bhagwan Singh, brought a suit impugning the alienation and obtained a declaratory decree that the gift would be ineffective as against his reversionary rights. This decree is dated 24th March, 1947. Puran Kaur died on 9th December, 1956, and thereafter Tara Singh brought the present suit for possession on the basis of the decree in his favour. The suit has been decreed by the courts below and this is an appeal preferred by the defendant.

2. A suit on behalf of reversioners to challenge and alienation by a female, during her lifetime, is always in a representative capacity. It is to remove a common apprehended injury to the interest of all the reversioners, presumptive and contingent alike. A decree obtained in such a suit ensures for the benefit of the person entitled to succeed after the death of the female. The decree does not lay down that the person taking the action would be entitled to inherit and

















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