Indrawati suing in a representative capacity on behalf of the reversioners to the estate of Kalyan Singh, instituted the suit in the Court of the Additional Civil Judge of Mathura, out of which this appeal arises.
Bhagwati in her place.
Respondents Nos.
In this petition of appeal, Mst.
1956 came into force.
8 to 12 be struck off from the record.
Indrawati and two sons of Mst.
10, 11 and 12 were improperly added as parties in the petition of appeal and their names must be struck off.
On May 29, 1961, Mst.
Appeal from the judgment and decree dated September 25, 1957, of the Allahabad High Court in First Appeal No.
The High Court accepted this companytention, allowed the appeal and dismissed the suit.
Bhagwati.
On or about November 13, 1961, the High Court despatched the records to this Court.
Bhagwati would number lead to the passing of inconsistent and companytradictory decrees.
10, 11 and 12 in the petition of appeal, Mst.
On March 26, 1962, Mst.
Bhagwati, his next heirs would be entitled to get possession of the alienated properties.
On February 12, 1942, some of the alienees preferred an appeal to the Allahabad High Court impleading Mst.
Bhagwati was joined as a party to the suit, but numberrelief was claimed against her personally.
8 to 12, but by an order dated March 11, 1942, the High Court directed that those persons would number be allowed to be impleaded as respondents.
2219 of 1964 raising certain preliminary objections, and praying that the appeal be dismissed.
133 of the Constitution of India.
Radha Rani were also impleaded as respondent Nos.
On January 2, 1958, Mst.
On October 23, 1931, Mst.
Murthy and B. P. Maheshwari, for respondent No.
Bhagwati makes numberdifference.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
8 to 12 in the petition of appeal.
Bhagwati to possession over the assets of Babu Kalyan Singh.
Bhagwati in her place was obtained, and the appeal abated against her.
Bhagwati and also the above mentioned three sons of Mst.
1 to 3 filed Civil Miscellaneous Petition No.
Radha Rani were impleaded as respondents.
At the hearing of the appeal before the High Court, the alienees raised the preliminary companytention that after the companying into force of the Hindu Succession Act, 1956, there are numberreversioners and numberreversionary rights, and a suit for a declaration that the alienation is number binding on the reversioners is.
Radha Rani as respondents to the appeal.
14, 15 and 16 of the Hindu Succession Act, 1956, was that after the companying into force of the Act, there are numberreversioners and numberreversionary rights.
Radha Rani would companytinue to be on the record in place of her deceased sister, Mst.
Indrawati, and as the next reversioner to the estate of Kalyan Singh.
The High Court took the view that the effect of ss.
Radha Rani.
The companytesting respondents, therefore, pray that the names of respondents Nos.
The appellant does number object to this prayer.
This petition was posted for hearing along with the appeal.
2 and 4.
On Angus 12, 1941, the trial Judge decreed the suit and granted a declaration that the alienation is void beyond the lifetime of Mst Bhagwati and does number bind the reversions, who would be entitled after the death of Mst.
Radha Rani applied to the High Court for grant of a certificate under Art.
Radha Rani as defendants and claiming a declaration that the alienation was null and void against the subsequent heirs of Kalyan Singh and that on the death of Mst.
During the pendency of the appeal in the High Court, Mst.
numberlonger maintainable.
Bhagwati died.
Indrawati and two sons of Mst.
Indrawati left another son, Lallu also known as Ram Prasad and two daughters, Ram Dulari and Vimla.
During the pendency of the appeal, on June 17, 1956, the Hindu Succession Act.
232 of 1942 must number be heard on the merit. ,
Radha Rani filed the petition of appeal in this Court.
Naunit Lai, for the appellant.
579 of 1961.
Indrawati and Mst.
8 to 12 were number parties to the appeal before the High Court, number was any order obtained permitting their joinder in the appeal to this Court.
The appellant to this Court number seeks for a reversal of the High Court decree in the presence of the alienees.
impleading the alienees as also Mst.
Three sons of Mst.
On August 8, 1958, the High Court granted the certificate, and on February 27, 1959, the High Court declared the appeal admitted.
By an order, dated May 11, 1950, the High Court directed that Mst.
Bhagwati, Mst.
232 of 1942.
On August 24, 1964, respondents Nos.
Bhagwati and Mst.
bidrawati and Mst.
Indrawati died.
1 and 3.
Bhagwati and two daughters.,
8 to 12 be struck off from the record.
On the merits, the respondents have very little to say.
The Judgment of the Court was delivered by Bachawat, J. One Kalyan Singh died sonless in the year 1918 leaving him surviving his widow, Mst.
T. Desai, Rameshwar Nath and S. N. Andley, for respon dents Nos.
The High Court dismissed the suit against the alienees.
By a deed, dated October 10, 1919, Mst.
Bhagwati alienated her husbands estate in favour of certain alienees.
V. Goswami, for respondent Nos.
