LAWS(PVC)-1947-1-6

B BUDHRAM RAI Vs. BENARSI RAI

Decided On January 31, 1947
B BUDHRAM RAI Appellant
V/S
BENARSI RAI Respondents

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for declaration. The facts of this case are rather complicated but Mr. Pande, the learned Counsel for the appellant, has stated, them with great clarity. They are briefly these:

(2.) One Swarath Ri died in 1874, leaving a widow Mt. Lachmina, a son named Rm Daur and a daughter Mt. Bihansa. Ram Daur's wife was Mt. Rano. Bihansa was married to a man named Raji Rai, who had, by her two sons - Sagar Rai and Banarsi Rai - defendants 1 and 2 in this action. After Ram Daur's death the property came in the possession of Mt. Rano. After her death, it went to Mt. Lachmina.

(3.) Some time, prior to 1890, Mt. Lachmina sold half of the estate to Mahabal, the father of the plaintiff. On 11-4-1897 she executed a mortgage by conditional sale in favour of Raji Rai, the father of defendants 1 and 2 and the predecessor in title of defendants 3 to 10. She died in 1910. In 1917, Mt. Bihansa brought a. suit for cancellation not only of the sale in. favour of Mahabal but, curiously enough, of the mortgage by conditional sale in favour of her husband. Both these transactions were challenged. on the ground of want of legal necessity. That suit was resisted on the ground that Ram Daur, and not Swarath Rai, was the last male owner and Mt. Bihansa, as the sister, had no title. Legal necessity was also pleaded. It might be mentioned here that the Act which improved the status of sisters, had not come into existence by then. The suit was dismissed.