JUDGMENT

R.S. Pathak, J. - The following question has been referred by a learned single Judge of this Court:

"Whether in view of the provisions of Secs. 14 and 15 of the Hindu Succession Act it would be open to the next reversioners of a limited net or her own prospective heirs to challenge the validity of an alienation made by her without legal necessity before the commencement of the Hindu Succession Act?"

The question was referred because that learned Judge was of the opinion that the authority of the decision of this Court in B. Hanuman Prasad v. Indrawati, A.I.R. 1958 Alld. 304 has been shaken by certain observations made by the Supreme Court in Gummalapura Taggina Matada Kotturuswatni v. Setra Veerayya, A.I.R. 1959 S.C. 577.

2. Since then, the Supreme Court has delivered judgment in another case, Brahmdeo Singh v. Deomani Missir, Civil Appeal No. 130 of 1960 decided on Oct. 15 1962. That was an appeal which arose out of a suit in Bihar by the reversioners for a declaration that two sale deeds executed by a Hindu widow were without legal necessity and, therefore, not binding upon them. The trial court decreed the suit and granted the declaration upon the finding that the transfe