RAVAL PRABHULAL BAPALAL Vs. BAI GODAVRI

JUDGEMENT

(1.) This is a civil revision application against an interlocutory order made by the learned Civil Judge, Junior Division, Kadi, by which order on the application of opponent No. 2 in this revision application (who was second defendant in the suit) an issue which was raised was deleted. The deletion of this issue has the effect of substantially affecting the rights of the parties in the suit as it relates to a point of 'res judicata'.

(2.) The matter arises this way. On 10th June 1951, by a registered deed of gift, one Bai Godavri, widow of one Dhirajlal Kripashanker, who is the first opponent in this revision application and also defendant No. 1 in the suit made a gift of the property in the suit to the applicant Raval Prabhulal Bapalal, who is the plaintiff In the suit and one Bal Shivganga jointly. Bai Shivganga was a sister of the husband of Godavri. Sometime after the execution of this deed, Bai Shivganga died with the result that under the deed of gift the plaintiff remained the sole donee. The plaintiff has filed this suit for recovering possession of the suit property which according to the plaintiff has been gifted to him, as stated above, by Bai Godavri.

(3.) The claim in the suit is based on the terms and conditions of the gift deed, one of which, so far as Is relevant for the present purpose was to the effect that if Bai Godavri did any "bad act", the donees were entitled to take the possession from her. By the deed of Gift Godavri was to possess and enjoy the property for her full life and after her death the property was to be taken possession of by the two donees jointly. A provision however, was in the gift deed as stated earlier that if during her life-time, she did any bad act, the donees could immediately take possession of the property for their beneficial enjoyment. The case of the plaintiff was that Bai Godavri committed a bad act in that after the death of her husband Dhirajram Kripashanker, she contracted a re-marriage on 16th November 1954 with one Harishanker. The plaintiffs case was, therefore, that Godavri having committed a bad act, under the terms of the Gift Deed, he, being the sole surviving donee ot the two joint donees, was entitled to recover possession of the property, which was the subject-matter of the gift.