MT. DROPADKUWAR Vs. MULLA AND ANR.

JUDGEMENT

(1.) RAMCHANDRA had an adopted son Gopalprasad. It appears that Gopalprasad obtained permission from Gwalior State for founding a chak and chak Pamarpura was established accordingly. This chak stood recorded in the revenue papers in the name of Gopalprasad. Gopalprasad died in the year 1919. Is father Ramchanura followed him 2 or 3 years after and there were left only two widows Gopalprasad widow Dropadkuwar and Ramchandra's flow Deokuwar in the family. Dakhal Kharij Breedings in respect of the chak were started. The year 1927. Though both the widows at first applied that their names be recorded jointly in respect of the chak, subsequently, Dropadkuwar desired that the chak should be mutated in her name alone. The Court of first instance on the Revenue side, ordered mutation of the whole chak in the name of Ram Chandra's widow Deokuwar.

(2.) ON 23 -4 -1930 the Government conferred Zamidari rights in the chak upon Gopalprasad's. widow Dropadkuwar. On 19 -7 -1935, however, a compromise was arrived at between the two widows and it was filed in the appellate Court i.e., before the Suba. Under this compromise each lady agreed that the mutation of the chak be made in the name of both of them half and half, i.e. each, lady should have mutation in her name in respect of an eight annas share. This was given effect to.

(3.) THE trial Court held on the evidence before it that the chak was the joint family property of Ramchandra and his son Gopalprasad; that on the death of Gopalprasad Ramchandra the sole surviving male member of the family became the owner thereof and on his death the property descended on his widow Deokuwar. He further held that as a result of the compromise Deo Kuwar was full, owner of the eight annas share which was mutated in her name. The appellate Court disagreed with, the trial Court and on a review of the evidence came to the conclusion that the property in question was the self -acquired property of Gopal Prasad. He held, however, that inasmuch as his widow had given away an eight annas share to Deokuwar the latter became full owner of this moiety share and Dropadkuwar was estopped from recovering it from her transferee.