AIR 1995 SUPREME COURT 395 ::1994 AIR SCW 4599 ::1995 (2) Bom CJ 262 ::1994 (2) UJ (SC) 570 ::(1994) 2 HinduLR 108 ::1994 UJ(SC) 2 439 ::(1995) 1 APLJ 41.1 ::1994 (2) CurCC 489 ::1994 (2) DMC 345 ::1994 (2) LJR 707 ::1994 (3) SCC(Supp) 146 ::1994 SCC (Supp) 3 198 ::(1995) 1 SCJ 64 ::(1994) 5 JT 422 (SC) ::(1994) 2 CurLJ(CCR) 491 ::1994 (5) JT 422

Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): R. M. Sahai, B. L. Hansaria , JJ

(A) Hindu Succession Act (30 of 1956) , S.4— Suit to set aside alienation of property by remote reversioners - Decree for declaration in terms of compromise to take into effect after death of alienor - Decree becoming final - Suit by said reversioners after death of alienor for their share under compromise decree -Aliencee cannot take objection that next reversioners being alive, suit was not maintainable. L.P.A. No. 249 of 1969, D/- 28-7-1972 (Him. Pra. ), Reversed. Specific Relief Act (47 of 1963) , S.35— Evidence Act (1 of 1872) , S.115— (B) Hindu Law - Succession - Rights of reversioners. Where in a suit to set aside alienation of property filed by remote reversioners of the alienor, a compromise decree in shape of decree of declaration was passed which was to take effect after the death of the alienor, declaring shares of the parties, and the decree had become final, the alienee could not take objection in a subsequent suit filed by the said remote reversioners for their share in terms of compromise that the next reversioner of the alienor being alive the suit was not competent. The alienee having prevented the reversioners from getting a declaration that the entire gift deed in his honour was invalid in lieu of which they gave up, because of the compromise, their claim for the ....