RAM GULAM SINGH Vs. PALAKDHARI SINGH

JUDGEMENT

(1.) This appeal, by defendants 2, 3, 4 and 14, is from the judgment of the Second Additional Subordinate Judge, Darbhanga who has decreed the plaintiffs' suit, declaring that the sale deed dated 16-1-1951 (Ext. A) executed by Musstt. Arti Kuer, defendant 13, mother of Alkhi Kuer, defendant 14, in favour of defendants 2 and 3, and, another sale deed executed on the same day (Ext. A/1) by defendant 13 in favour of defendant 4, were both without consideration and legal necessity, and not genuine, and, not binding on the plaintiffs, who were the nearest reversioners to the estate of the deceased Rajendra Singh alias Gena Singh, grandson of defendant 13.

(2.) The appeal on behalf of defendant 14 was not pressed, and, therefore, we are concerned now only with the appeal of defendants 2, 3 and 4, the alienees from defendant 13, under Exhibits A and A/1.

(3.) The sole question, for determination in the appeal, is, whether the suit by the plaintiffs-respondents, in view of Section 14 of the Hindu Succession Act, 1956 (Act No. XXX of 1956), hereinafter referred to as 'the Act', is maintainable?