GANGOTRI BAI Vs. JEEVRAKHANLAL

JUDGEMENT

(1.) This is the unsuccessful reversioners'/plaintiffs' appeal against the judgment dated 13-12-1994 delivered by Shri Ajit Kapur. 3rd Additional Judge to the District Judge, Durg in Civil Suit No. 13-A/ 94 whereby their suit for possession of the properties described in Schedule A and B situated in village Selood, Tahsil and District Durg and for declaring the sale deed executed by the limited owner i.e. Jyotiki Bai in favour of defendant/respondent and for mesne profits was dismissed.

(2.) It is not disputed that Nangsai was the owner of 33.56 acres of land situated in village Selood. He died in the year 1910. His son Bisram, the last male holder also died in the same year. Jyotiki Bai, widow of Bisram, was thus the limited owner of the suit properties before the coming into force of the Hindu Succession Act, 1956. Jyotiki Bai executed a sale deed of 29.33 acres of lands and a house mentioned in schedule-A plaint to one Jeevrakhanlal, for a consideration of Rs. 10,000/- on 24-6-1954 vide Ex. P.1. Bisahin Bai, the daughter of Nangsai, instituted a Civil Suit No. 15-A/54 in the Court of Civil Judge Class-I, Durg to declare the aforesaid sale null and void, being without consideration or for legal necessity. In this suit, a compromise was entered into between the parties whereunder Jyotiki Bai executed a gift deed Ex. P. 6 of 25.33 acres of lands situated in village Selood on 9-2-1955 in favour of Kishanlal, the grandson of Bisahin Bai. Kishanlal was minor at that time. As per compromise entered into between the parties, 4.03 acres of lands described in schedule-B were given to Jyotiki Bai for her maintenance during her life time. This land was sold by Jyotiki Bai to the defendant/respondent by a registered sale deed Ex. P. 7 for a consideration of Rs. 4,000/- on 21-5-1969. Kishanlal died in the year 1962-63. Gangotri Bai, the plaintiff/ appellant No.1, is the widow of Kishanlal and Shakuntala, the plaintiff/appellant No.2 is her daughter.

(3.) Plaintiffs/appellants instituted a Civil Suit No. 13-A/94 against Jeevrakhanlal for possession of the properties i.e. the land and house situated in village Selood, Tahsil and District Durg as mentioned in Schedule-A and B and also for declaring the sale deed executed by Joytiki Bai in favour of Jeevrakhanlal on 24-6-1954 null and void and also for mesne profits on the ground that since they were the presumptive reversioners, Jyotiki Bai. who was a limited owner of the suit properties after the death of Nangsai, had no legal right to sell the lands mentioned in Schedule-A to Jeevrakhanlal. The sale was without consideration as also without legal necessity and did not confer any title on Jeevrakhanlal. It also sought a similar declaration regarding the sale deed dated 21-5-1969 executed by Jyotiki Bai in favour of Jeevrakhanlal, of lands mentioned in Schedule-B.