Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 1929 (1) TMI HC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1929 (1) TMI 8 - HC - Indian Laws

Issues Involved:
1. Legal necessity for the conveyances executed by the widow, Basmati Kuer.
2. Validity of specific transactions: 30th March 1903, 17th May 1906, 12th August 1911, and 6th February 1913.

Detailed Analysis:

1. Legal Necessity for the Conveyances:
The central issue in this case was whether there was legal necessity to support the conveyances executed by Basmati Kuer, the widow of the original owner, Manrup Lal. The plaintiffs, claiming to be the reversionary heirs of Manrup Lal, contested the validity of these conveyances, asserting that they were not justified by legal necessity. The defendants, on the other hand, relied on these conveyances to assert their title to the land.

2. Validity of Specific Transactions:

- Transaction of 30th March 1903:
The transaction involved the sale of property by Basmati Kuer for Rs. 541. The Subordinate Judge found that Rs. 175-8-0 of the consideration was used to discharge a debt of her husband, and thus, there was legal necessity for this part of the transaction. The District Judge upheld the entire transaction, asserting that Basmati Kuer was entitled to sell a portion of the estate to discharge her husband's liability. The judgment emphasized that a widow, like a family manager, has reasonable latitude in managing the estate, including selling parts of it to settle debts of the deceased husband.

- Transaction of 17th May 1906:
This transaction was for Rs. 87-8-0, executed to pay off a mortgage bond raised to settle a rent decree against Basmati Kuer. The judgment upheld this transaction, stating that the necessity to pay off decrees for rent constitutes legal necessity under Hindu Law, and thus, the plaintiffs' suit failed regarding this conveyance.

- Transaction of 12th August 1911:
This transaction, amounting to Rs. 399, was contested by the plaintiffs, and the court found no legal necessity for the items claimed. It was noted that costs from frivolous litigation, personal expenses, and cultivation costs did not justify charging the estate. Consequently, the plaintiffs succeeded in setting aside this transaction, entitling them to recover possession of the properties covered by Ex. L-7.

- Transaction of 6th February 1913:
The transaction involved Rs. 376-8-0, with Rs. 200 being used to pay off a debt from a mortgage transaction of 1873. The court found this part justified by legal necessity. However, the remaining amount was not justified, leading to a partial setting aside of the transaction. The case was remanded to the lower Appellate Court to determine if the entire transaction could be sustained based on the principles set by the Judicial Committee, which emphasized the necessity of the entire sale rather than a mere arithmetic calculation of justified amounts.

The judgment concluded with the plaintiffs' success regarding the transaction of 12th August 1911, while their suit failed for the transactions of 30th March 1903 and 17th May 1906. The case concerning the transaction of 6th February 1913 was remanded for further consideration. There was no order for costs in the High Court, and the cross-appeal was dismissed.

 

 

 

 

Quick Updates:Latest Updates