Naurang Rai and Others vs Ram Sumer Rai and Another

This is a defendant''s appeal arising out of a suit for pre-emption. The plaintiff is a donee of a share from a Hindu widow, who was recorded as a proprietor. On a suit brought by the reversioners, it was declared, subsequent to the passing of the first Court''s decree in the pre-emption suit, that this transfer would not be binding on the reversioners after the widow''s lifetime. The contention before us is that under these circumstances the plaintiff is not entitled to pre-emption. This contention in our opinion is not correct. A Hindu widow is a co-sharer and represents the whole estate for the time being. In the same way a donee from her is a proprietor and a co-sharer so long as she is alive. A deed of gift by a Hindu widow is only voidable by the next reversioners. It was not declared voidable till after the first Court''s decree. In view of both these grounds it cannot be said that the plaintiff has no right of pre-emption.

The appeal has no merits and is dismissed with costs including fees in this Court on the higher scale.