JAISRI SAHU versus RAJDEWAN DUBEY AND OTHERS

JAISRI SAHU versus RAJDEWAN DUBEY AND OTHERS

Sale by a widow of properties subject to mortgage, for necessity and supported by proper consideration, is binding on reversioners; a widow is not absolutely prohibited from such sales, and Bench decisions on law should either be followed by subsequent benches or referred to a Full Bench when there is conflict.

Parties
Appellant: Jaisri Sahu; Respondents: Rajdewan Dubey and Others
Jurisdiction
India
Judgment Date
28 April 1961
Procedural Posture
Civil Appeal / Appeal From Patna High Court's Judgment in Second Appeal, Based on Certificate Under Art. 133(1)(c) of the Constitution
Outcome
appeal allowed
Legal Topics
Powers of Widow in Alienation, Binding Nature of Sale on Reversioners, High Court Practice on Conflicting Bench Decisions
Hindu Law Property Law Civil Procedure Powers of Widow in Alienation Binding Nature of Sale on Reversioners High Court Practice on Conflicting Bench Decisions

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Parties

Jaisri Sahu

Appellant

Rajdewan Dubey and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Patna High Court's Judgment in Second Appeal, Based on Certificate Under Art. 133(1)(c) of the Constitution

Legal Issues

  1. 1 Whether a widow's sale of mortgaged property is binding on reversioners
  2. 2 What practice High Courts should follow when there are conflicting Division Bench decisions

Ratio Decidendi

Sale by a widow of properties subject to mortgage, for necessity and supported by proper consideration, is binding on reversioners; a widow is not absolutely prohibited from such sales, and Bench decisions on law should either be followed by subsequent benches or referred to a Full Bench when there is conflict.

Court Disposition

appeal allowed

Orders

  • Decrees of trial court restored with costs throughout.
  • One set of hearing costs granted.