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Prag NaraIn Vs. Mathura Prasad and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in79Ind.Cas.575
AppellantPrag Narain
RespondentMathura Prasad and ors.
Excerpt:
hindu law - widow's estate--relinquishment in favour of one out of several reversioners whether valid. - 1. one ram bakhsh had four sons three of whom were lala ram, jagan nath and ajodhia prasad. the two plaintiffs to the suit in the first court were sons of lala ram. musammat sunder kunwar widow of jagan nath, executed a deed of relinquishment in favour of prag narain son of ajodhia prasad. the sons of lala ram sued for a declaration that this deed would be null and void as far as their interests were concerned on the death of musammat sunder kunwar. both the subordinate courts have held that jagan nath was separate from his brothers. in that ease on the death of musammat sundar kunwar, the next reversioners would be the plaintiffs and prag narain. as stated by the learned counsel for the appellant, the only question for decision here is whether a relinquishment by a widow in favour of one.....
Judgment:

1. One Ram Bakhsh had four sons three of whom were Lala Ram, Jagan Nath and Ajodhia Prasad. The two plaintiffs to the suit in the first Court were sons of Lala Ram. Musammat Sunder Kunwar widow of Jagan Nath, executed a deed of relinquishment in favour of Prag Narain son of Ajodhia Prasad. The sons of Lala Ram sued for a declaration that this deed would be null and void as far as their interests were concerned on the death of Musammat Sunder Kunwar. Both the Subordinate Courts have held that Jagan Nath was separate from his brothers. In that ease on the death of Musammat Sundar Kunwar, the next reversioners would be the plaintiffs and Prag Narain. As stated by the learned Counsel for the appellant, the only question for decision here is whether a relinquishment by a widow in favour of one out of several reversioners during her life-time can be mantained No authority was quoted in support of his contention that such a transfer was valid. The decree was correctly granted to the plaintiffs by the two lower Courts and we dismiss this appeal with costs including in this Court.


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