The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 1st May 1905

There the plaintiffs claiming to be the reversionary heirs of a Hindu on the death of his widow sued the widow and her atienees for a declaration that certain alienations by the Widow of imoveable properties forming part of her husband's estate were void as against the plaintiffs except for the term of the widow's life in other words the suit was exactly within the terms of illustration (e) [...] 1) and therefore stands good till it is avoided while as in the case before the Allahabad High Court the alienation by a life-tenant of her lifestate by the very nature of it would be void and inoperative after the death of the alienor An examination of the authorities relied upon by the learned judges of the Allahabad rHigh Courdoes not therefore seem to warrant the conclusions arri [...] The first Court gave the plaintiff a declaration as to his presumptive reversionary right othe death of the widow and also a declaration that the alienation would be null and void after her death in case of the plaintiff pa)ing a certain amount to the alienee defendant and the prayer for injunction was rejected. [...] Accordingly the declartion in favour of the plaintiff of his presumptive reversionery right was expunged from the decree and the names of the intervenors were struck off from the category of defendants as they were held not to be affected by the result of the suit. [...] whether an injunction ought to be granted though the Calcutta High Court was not called upon to decide the question and there seems to be no divergence of judicial opinion on the point yet as a matter of principle it ought not to be granted unless a clear case of waste on the part of the widow or the life-tenant detrimental to the interest of the reversionary heir is made out for the very go