NATHOO LAL Vs. DURGA PRASAD

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the High Court of Judicature of Rajasthan dated the 5th of April 1950, modifying the decree of the High Court of the former Jaipur State dated the 3rd March 1949, on an application for review in a second appeal concerning a suit for possession of property.

(2.) The property in dispute originally belonged to one Ramchandra who died sonless in the year 1903. He was survived by his mother Shekori, his widow Mst. Badni and his two daughters, Bhuri and Laxmi. It is alleged that he made an oral will under which he bequeathed the property is dispute to his daughter Laxmi. On the 6th September 1906, Mst. Sheokari and Mst. Badni purporting to act in accordance with the directions of the oral will, executed and registered a deed of gift of the property in dispute in favour of Mst. Laxmi. The gift deed contains the following recitals:

(3.) Bhuri, the second daughter, died in the year 1907, while Mst. Badni, the widow, died in the year 1927. Mst. Laxmi remained in possession of the property till her death in the year 1928. After her death Balabux, her husband, on the 5th of July 1930 claiming as heir to her mortgaged the house in dispute to the defendant appellant Nathoo Lal and later on the 5th of October 1953 he sold it to him and put him into possession of it since he is in possession.