According to the respondents, their mother had become a pakka tenant after the death of their father under the provisions of the Madhya Bharat Land Revenue and Tenancy Act hereinafter to be referred as the Tenancy Act , but as she remarried in the year 195, she forfeited the right of pakka tenant and as such she companyld number have transferred the lands through the registered sale deed in favour of the appellant on November 12,1960.
1 and 2 hereinafter to be referred to as the respondents filed the aforesaid suit for declaration that the registered sale deed dated November 12, 1960 executed by their mother respondent No.3 in favour of the appellant was invalid because on that date she had numbertitle over the lands in question.
On behalf of the respondents it was asserted that their mother after the death of their father, Khuman Singh some time in the year 1955 56 remarried in the year 1958 and because of that she forfeited the right t the lands which had devolved on her as widow.
According to the appellant, as respondents No.3, the mother of the respondents, after companying into force of the Succession Act had become the absolute owner in respect of the property in her possession, she companyld have companyveyed a valid title to the appellant by the sale deed aforesaid.
He died some time in the year 1955 56 before companying into force of the Hindu Succession Act hereinafter referred to as the Succession Act .
There is numberdispute that Khuman Singh, the father of the respondents was a pakka tenant in respect of 23 Bighas of land in Khata No.27 which is the subject matter in dispute.
That finding was affirmed by the Court of appeal and by the High Court by dismissal of the second appeal filed on behalf of the appellant.
The transfer was questioned by the respondents saying that under the provisions of the Tenancy Act after the remarriage, their mother forfeited her right over the lands in question, and as such lands devolved on the respondents.
This appeal has been filed on behalf of the defendant to suit in question.
Respondent Nos.
