CHANDA BAI Vs. SAIDA JAN

JUDGEMENT

(1.) B. K. Sharma, J. This is an appeal against the judgment and decree dated 12. 8. 1976 passed by Sri Chandra Mohan, District Judge, Banda in Civil Appeal No. 63 of 1971, Mohan Das and others v. Smt. Saida Jan, whereby he dismissed it and confirmed the judgment and decree passed by IIIrd Additional Civil and Sessions Judge, Banda in Original Suit No. 10 of 1970, Smt. Saida Jan v. Mohan Das and another.

(2.) SMT. Hasmat Jan had executed a gift-deed (Ex. 4) on 23. 4. 1938 in favour of Zahir Uddin. Sri Zahir Uddin executed a gift-deed dated 8. 7. 1957 (Ex. 1) in favour of SMT. Saida Jan, present plaintiff- respondent, which was registered on 5. 8. 1957. On 26. 4. 1960 Zahir Uddin executed a registered deed Ex. A-5 purporting to revoke the aforesaid gift-deed dated 8. 7. 1957 in respect of the disputed house. He also gave a notice (Ex. 6) on 30. 4. 60 to SMT. Saida Jan informing her of his said revocation deed. On 1. 7. 68 Zahir Uddin executed a mortgage deed with possession in respect of the said house in favour of original defendants-appellants Mohan Das Sindhi and SMT. Chanda Bai for a sum of Rs. 5,000/ -.

(3.) THE said defendant-appellants pleaded that Zahir Uddin was in posses sion all along uptil the time of the mortgage deed and thereafter the mortgagee Smt. Chanda Bai was in actual possession over the entire disputed property. Numerous other pleas were also taken but the same need no details,