SUNDRABAI SONBA TENDULKAR Vs. RAMABAI JAYARAM

JUDGEMENT

(1.) THIS appeal raises a pure question of law and the suit giving rise to the appeal was filed under the following circumstances.

(2.) THE property in suit, which consists of 16 parcels of land with a house standing on one of them, belonged to one Jayaram, husband of defendant No.1. He had no issue, had grown old and was in indifferent health. Sundrabai (the plaintiff) appears to be related to Jayaram. THE plaintiff's husband Sonba was doing business in Bombay. Jayaram appears to have pressed Sonba and his wife to go to, and stay with, him in order to manage Jayaram's property.

(3.) DEFENDANT No.1 who was the main contending defendant admitted the execution of the deed of gift but she contended that the deed was passed in the circumstances which rendered the gift-deed void, and that as the gift-deed was attested by only one witness, it had not complied with the provisions of Section 123 of the Transfer of Property Act and the same could not be enforced.