In the said sale deed, Smt.
Sona Devi, her daughters succeeded to her interest in respect of Bhumadhari plots under Section 174 of U.P. Zamindari Abolition Land Reforms Act, 1950 hereinafter referred to as the Act .
However, in the second appeal, filed by the plaintiffs respondents, the High Court came to the view that under the Will Smt.
Jamuna Prasad died in 1961, whereas Smt.
1 to 10 companytested the suit.
The case of the appellants is that under the Will, Smt.
Sona Devi.
1946.66 against defendant I and II sets by way of damages on account of the defendants having wrongfully cut away the crop and, in the alternative, for mesne profits Rs.
330/ as damages in lieu of their share and for partition of 4/9th share in the disputed house and for joint possession to the extent of their shares in the disputed Bhumidhari lands.
4 and 5 who are respondents herein, obtained sale deed from defendant Sesh Chandra in respect of his share in the property.
In that view of the matter, the second appeal was allowed and the suit stood decreed.
The plaintiffs case was that Smt.
Sona Devi second wife of Jamuna Prasad, through the Will obtained an absolute estate and became full owner of the property on the death of Jamuna Prasad, and in that view of the matter, any subsequent bequeath in the same Will in favour of daughters sons was invalid.
Sona Devi having obtained an absolute estate under the Will executed by Jamuna Prasad, the subsequent bequeath in the said Will in favour of daughters sons was invalid and, therefore, the daughters sons from first wife Smt.
Gunjan Devi daughter of Smt.
Jamuna Prasad had numbermale issue.
Sona Devi obtained a limited estate on the death of Jamuna Prasad under the will and after her death, all the nine sons of the daughters from both the wives inherited the property in accordance with the provisions of the Will.
On 4.9.1964, plaintiff number.
Mishara, Smt.
Ram Sanwari has a son Ram Kirpal and Smt.
1 to 3 who are respondents herein, purchased the land through a sale deed from Ram Sureman, Ram Ujagar and Ram Millan sons of Smt.
After the Hindu Succession Act came into force, Jamuna Prasad executed a Will dated 3.7.1956 bequeathing his entire property in favour of his second wife Smt.
Jamuna Prasad married Smt.
It is against the said judgment of the High Court, the appellants are in appeal by way of special leave petition.
Gunjan Devi, Smt.
Suraja Devi.
Ram Sanwari and Smt.
Sona Devi acquired an absolute estate and any subsequent bequeath in the same Will in favour of the daughters sons was repugnant to the absolute interest created in favour of Smt.
Dulari has two sons Sesh Chandra and Ram Chandra.
Sona Devi and after her death subsequent bequeath was in favour of his daughters son s from both the wives.
The appeal preferred by the plaintiffs respondents was also dismissed by the first appellate companyrt and decree of the trial companyrt was affirmed.
Sona Devi got only restricted or limited right and, therefore, after her death all the daughters sons from his first wife as well as his second wife were entitled to inherit the property.
Surja Devi Smt.
Dhupa has a son Bindhabasni.
On 24.3.1965, plaintiff number 6 obtained sale deed from defendant number 11 Chandrakant in respect of his share in the property.
The trial companyrt was of the view that Smt.
Surja Devi were number entitled to inherit the property.
Partapa and Smt.
Dhupa.
Partapa.
On 1.6.1966, the plaintiffs who were purchasers of the shares in the land filed a suit out of which the present appeal arises, praying therein for a decree for a sum of Rs.
Sona Devi after the death of his first wife Smt.
He had three daughters from his first wife Smt.
Dulari.
Defendants appellants case was that Smt.
Mishara has a son Chandrakant.
Sona Devi, Jamuna Prasad had also three daughters Smt.
Partapa has three sons Ram Sureman, Ram Ujagar and Ram Millan.
Partapa also joined as vendor.
From second wife Smt.
It was also their case that after the death of Smt.
On 4.2.1966, plaintiff number.
Defendant number.
Jamuna Prasad had two wives Smt Suraja Devi and Smt.
N. KHARE, J. One Jamuna Prasad was the owner of a house as well as certain other properties including Bhumadhari land, situated at village Kakhra Kaurd, Pargana Naugarh, District Basti.
