AIR 1945 ALLAHABAD 10

Allahabad High Court

Hon'ble Judge(s): Malik, Mathur , JJ

(A)Hindu Law - Reversioner - Death of widow - Suit by reversioner to recover possession of property alienated by widow - Suit decreed but decree-holder to get possession on depositing certain amount - Before depositing amount decree-holder held could deal with property and mortgage same. On the death of a Hindu widow the nearest reversioner brought a suit for possession of the property alienated by the widow. The suit was decreed but the Court ordered that the reversioner would get possession of the property on payment of rupees 1655. Before paying the sum of Rupees 1655 the reversioner executed a mortgage of the suit property. It was argued that whatever the rights of the reversioner may have been under the Hindu law as the next reversionary heir to the property his rights must be defined by the decree in the suit for possession and under the terms of the decree he could not be deemed to have any right in the property so long as he did not deposit the said amount of Rs. 1655 and therefore could not mortgage the same : Held (Per Mathur, J.) that on the death of the widow the property vested in the nearest male reversioner. It was no doubt true that the alienations made by the widow were voidable and were quite good till the rightful owner brought an action to avoid them. But as soon as the suit for possession was brought by the reversioner the....