1947 (7) TMI 9 - Other - Indian Laws

Summary

Issues Involved:

1. Validity and binding nature of the alienations made by respondent 2.
2. Interpretation of the settlement deed dated 3-6-1914.
3. Whether the settlement deed effected a division in status between respondent 2 and his sons.
4. Whether the alienations were binding on respondent 1.
5. Application of the principle of res judicata.

Issue-wise Detailed Analysis:

1. Validity and Binding Nature of the Alienations Made by Respondent 2:

The primary issue in this appeal is whether the alienations made by respondent 2 are valid and binding on respondent 1. The Subordinate Judge initially dismissed the suit, holding the alienations to be binding on respondent 1. The High Court later reversed this decision, leading to the present appeal.

2. Interpretation of the Settlement Deed Dated 3-6-1914:

The settlement deed executed by respondent 2 in favor of his mother is central to the case. The deed provided the mother with a life interest in the land for her maintenance, stipulating that after her death, the land would revert to the family. The High Court interpreted the word "family" to exclude the father, implying that the deed was a partition deed. However, the Privy Council found that the deed was a pure maintenance grant, with no intention of partition or severance between family members. The words "after your lifetime the said property should again pass to my family" were interpreted to mean the property would revert to the joint family, including the father.

3. Whether the Settlement Deed Effected a Division in Status Between Respondent 2 and His Sons:

Respondent 1 contended that the settlement deed effected a division in status between the father and his sons. The Subordinate Judge and the Privy Council found no evidence of partition or severance in the deed. The High Court's interpretation that the deed excluded the father was deemed conjectural and not supported by the plain and natural meaning of the words in the deed.

4. Whether the Alienations Were Binding on Respondent 1:

The Subordinate Judge held that the alienations were for consideration and made to discharge antecedent debts incurred for the benefit of the family, making them binding on respondent 1. The High Court agreed that if the family was joint, the alienations were binding. The Privy Council confirmed this view, noting that the alienations were made for purposes binding on the family and its properties, including respondent 1's share.

5. Application of the Principle of Res Judicata:

Respondent 1's counsel argued that the question of whether the deed was a partition deed was res judicata based on the decision in a previous suit (No. 6 of 1919). The Privy Council found it difficult to apply the principles of res judicata due to the differences in the facts and outcomes of the two cases. Additionally, the issue of res judicata was not specially pleaded or argued before the High Court, and respondent 1's pleader had argued the contrary in the trial court. Therefore, the Privy Council rejected this argument.

Conclusion:

The Privy Council reversed the preliminary decree of the High Court directing partition of the property and other reliefs, restored the decree of the Subordinate Judge, and dismissed the suit. Respondent 1 was ordered to pay the costs of the appellants both in the Privy Council and the High Court. The appeal was allowed.