KALISHANKER DAS AND ANOTHER versus DHIRENDRA NA TH P ATRA AND OTHERS.

KALISHANKER DAS AND ANOTHER versus DHIRENDRA NA TH P ATRA AND OTHERS.

The security bond executed by Rashmoni without legal necessity operated only on the widow's estate and not on the reversionary interest. Admissions or consent of previous reversioners do not bind those who claim as heirs of Haripada. Subsequent bona fide purchasers acquire only the limited widow's estate unless legal necessity and enquiry are established.

Parties
Appellants: Kalishanker Das and Another; Respondents: Dhirendra Nath Patra and Others
Jurisdiction
India
Judgment Date
21 May 1954
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree Dated 29th March, 1950, Affirming Subordinate Judge's Decision in Title Suit No. 70 of 1941
Outcome
Appeal dismissed
Legal Topics
Widow's Estate, Alienation by Limited Owner, Legal Necessity, Reversionary Rights
Hindu Law Property Law Widow's Estate Alienation by Limited Owner Legal Necessity Reversionary Rights

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Parties

Kalishanker Das and Another

Appellants

Dhirendra Nath Patra and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree Dated 29th March, 1950, Affirming Subordinate Judge's Decision in Title Suit No. 70 of 1941

Legal Issues

  1. 1 Nature of widow's estate under Hindu law
  2. 2 Validity of alienation by a Hindu widow
  3. 3 Requirements and effect of legal necessity

Ratio Decidendi

The security bond executed by Rashmoni without legal necessity operated only on the widow's estate and not on the reversionary interest. Admissions or consent of previous reversioners do not bind those who claim as heirs of Haripada. Subsequent bona fide purchasers acquire only the limited widow's estate unless legal necessity and enquiry are established.

Court Disposition

Appeal dismissed

Orders

  • Decision of High Court affirmed
  • Costs awarded against appellants