GHASNIN DAURAM Vs. KAUSHALYA

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent has been filed by Mst. Ghasnin against the judgment in Second Appeal No. 937 of 1955, decided on 7 -8 -1958. A cross -appeal has been filed by respondent No. 1 Mst. Kaushalya. The learned single Judge, who decided the second appeal, granted leave to both the parties to file appeals. The judgment disposes of both the appeal and the cross -appeal.

(2.) THE appellant Mst. Ghasnin is the daughter of one Daji, respondent No. 2 Mst. Sonki is his widow and Mst. Fulki (respondent No. 3) is his daughter. Daji died on 25 -8 -1947 leaving behind his widow Mst. Sonki and two daughters Mst. Ghasnin and Mst. Fulki as also a son Mehtar. Mehtar died in September 1947. Daji had executed a will bequeathing his lands and house to his son Mehtar and therefore after his death, Mehtar succeeded to the property. After Mehtar's death, his mother Mst. Sonki (respondent No. 2) succeeded to the estate.

(3.) THE appellant alleged that the transfers, which were made in favour of respondent No. 1 Mst. Kaushalya and respondent No. 2 Lachhman, were without any legal necessity and are not binding on her. Mst. Sonki remarried in 1948 and therefore the plaintiff -appellant became entitled to possession of the properties left by Daji as his heir.