High CourtsDivision Bench(1914) 08 MAD CK 0007

Rama Kavunden and Others vs Kuruthasawmy Naick and Others

Madras High Court · Decided on 26 August 1914 · Citation: AIR 1915 Mad 821(2) : 25 Ind. Cas. 951

HON’BLE JUDGES
Seshagiri Aiyar, J · Ayling, J

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Judgment

8 paragraphs · 185 words
1.

In this case the consent of the next reversioner to the alienation has been found not to have been given in good faith. It is argued that as the

alienation covered the entire property which the widow succeeded to after the death of her husband, the question of bona fides has no bearing

upon the matter. No authority has been quoted for the proposition that where the widow alienates her entire property, the question that the consent

of the reversioner to this alienation was obtained mala fide is not an element to be considered. We are unable to see on what principle a distinction

between partial and total alienation can be sustained in this respect. We agree with the statement of the law contained in Mayne''s Hindu Law,

paragraph 639, that the consent should have been given bona fide in either case. See also Rangappa Naik v. Kamti Naik 31 M. 366 : 3 M.L.T.

355 : 18 M.L.J. 309. This is the only point argued before us. The District Judge is right in rejecting this contention. We dismiss the second appeal

with costs.