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Issues involved: Validity of deed of gift executed by Koleshra Devi u/s 30 of Land Acquisition Act.
Summary: The judgment dealt with the validity of a deed of gift executed by Koleshra Devi in favor of the appellants, involving properties acquired under the Land Acquisition Act. The dispute arose regarding the shares of the parties in the acquired properties, specifically plot numbers 901, 902, and 907. The High Court reversed the decision of the Reference Court, questioning the validity of the gift deed executed by Koleshra Devi. Validity of Deed of Gift: The main issue before the courts was whether the deed of gift executed by Koleshra Devi in favor of the appellants was valid under the Land Acquisition Act. The Reference Judge considered Koleshra Devi's possession of the property in question and her rights u/s 14(1) of the Hindu Succession Act, 1956. The First Appellate Court concluded that Koleshra Devi, as a limited owner, had the authority to execute the gift deed after the passing of the Hindu Succession Act. The High Court, however, found the gift deed invalid due to lack of evidence of possession in lieu of maintenance. Legal Interpretation: The judgment referenced legal principles from previous cases, emphasizing the rights of Hindu widows under the Hindu Succession Act. It highlighted that a widow's right to maintenance existed under Shastric Hindu law and was recognized by subsequent statutes. The court reiterated that a widow in possession of her husband's property has the right to maintenance and can be considered the absolute owner under certain circumstances, as per Section 14(1) of the Hindu Succession Act, 1956. Court's Decision: Based on the legal interpretations and precedents cited, the Supreme Court held that Koleshra Devi, having become the absolute owner of the property, had the authority to execute the deed of gift in 1960. The High Court's decision to reverse the judgment of the First Appellate Court was deemed erroneous, and the original judgment was reinstated. The appeal was allowed with no costs imposed. This summary provides a detailed overview of the legal judgment, focusing on the issues involved, the interpretation of relevant laws, and the final decision of the Supreme Court regarding the validity of the deed of gift in question.
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