Kachnar Kuer made an application to the High Court for a certificate of fitness to appeal to this Court and the High Court by its order dated May 10, 1965 granted a certificate of fitness under Article 133 1 b of the Constitution.
16 of 1956 in the companyrt of the First Subordinate Judge, Gaya, for a declaration that the two deeds were void and illegal and were number binding on their reversionary interest.
During the suit, the defendants were evidently of one mind and they companytended by their written statements that the impugned deeds were executed under the authority given by the deceased Trilok Prasad Singh and that respondents 1 and 2 had numberright to bring the suit after June 17, 1956 when the Hindu Succession Act, 1956 came into force The trial companyrt dismissed the suit holding that Trilok Prasad Singh had given authority to Kachnar Kuer to make an adoption and to create an endowment and therefore both the deeds were valid.
Kachnar Kuer was defendant 1, the adopted son was defendant 2 and Sheo Kuer was defendant 3 to the suit.
Appeal by Special Leave from the Judgment and Decree dated the 3rd October, 1964 of the High Court of Judicature at Patna in Appeal from Original Decree No.
By its judgment dated October 3, 1964 the High Court allowed the appeal and decreed the suit holding that Trilok Prasad Singh had number given authority to Kachnar Kuer to take a son in adoption and under the Banaras School of Hindu Law by which the parties were governed, an adoption made by a widow without the authority of her husband was invalid.
But after the petition of appeal was lodged in this Court, Kachnar Kuer joined hands with respondents 1 and 2 and purported to enter into a companypromise dividing the 1004 property left by Trilok Prasad Singh between themselves.
Against the dismissal of their suit, respondents 1 and 2 filed First Appeal No.
152 of 1959 in the High Court of Patna.
By one of these she adopted a son to her deceased husband and by the other, which is described as a Deed of Arpan nama, she created a religious endowment in the name of Sri Gopalji and appointed her mother in law Sheo Kuer as a shebait.
The appellant, Sheo Kuer, who was appointed as a shebait under the deed of Arpan nama has thereafter, obtained special leave to appeal to this Court from the judgment of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1815 of 1969.
152 of 1959.
V. Gupte and B.P. Singh for Respondents 1 2.
Respondents 1 and 2, claiming to be reversioners, filed suit No.
On February 12, 1956 Kachnar Kuer executed two registered deeds.
K. Chatterjee and Rathin Das for the Appellant.
The Judgment of the Court was delivered by CHANDRACHUD, J. One Trilok Prasad Singh, who was the last male holder in his line, died on May 12, 1948 leaving behind his widow Kachnar Kuer and his step mother Sheo Kuer.
1003 Santok Singh for Respondents 3 4.
