JAGDISH PRASAD AND ANOTHER Vs. GIRIJA SHANKAR

JUDGEMENT

(1.) JUDGEMENT This second appeal has arisen out of a suit for cancellation of a sale deed dated 21-6-1958 executed by appellant No. 2 Smt. Bhagwan Dei is favour of appellant No. 1 Jagdish Prasad for a sum of Rs. 1200 in respect of a shop situated in the city of Hardoi. The suit was instituted by the present respondent Girja Shankar on the around that under a will of the original owner Ram Prasad of the shop in suit, Smt. Bhagwan Dei was given only the right of possession for her life whereafter the shop was to pass on to him (Girja Shankar) and Smt. Bhagwan Dei had no transferable interest in the shop. The sale deed was, therefore, said to be invalid and unauthorised.

(2.) THE following short pedigree ii undisputed and will be found of use :-

(3.) THE case of Smt. Bhagwan Dei herself in defence was that the shop was given to her in kanyadan with the consent of Ram Prasad and she had in any case perfected her title by adverse possession. It was denied that Ram Prasad had executed any will or any right had accrued to the plaintiff by reason of any such will. Ram Prasad was said to have been suffering from a number of diseases at the time of his death and had not full consciousness of his actions. It was also given out that the alleged will did not cover the shop in suit. The learned Munsif who tried the suit dismissed it holding that Ram Prasad was not the owner of the shop nor he executed any will in respect of the shop in suit. He also held that Ram Prasad was not of sound disposing mind at the time of the alleged execution of the will, Smt. Bhagwan Dei was held to be absolute owner of the shop and the Sale in favour of Jagdish Prasad was upheld on that ground. On appeal it was held by the Civil Judge who heard it that Ram Prasad was the owner of the shop and had validly executed the will in question about it. Smt. Bhagwan Dei possessed only life interest under the will and had no right to transfer the shop to Jagdish Prasad. He therefore, decreed the suit in the appeal.