RUPKALI BAI Vs. KEDARNATH

JUDGEMENT

(1.) THIS is an appeal of defendants Nos. 3 and 4 against the decree for possession.

(2.) APPELLANT No. I Rupkali is the wife of the second appellant Gopalsaran Lal. Respondents No. 2 and 3, Sampatlal and Madanmohanlal, were the first and second defendants and are real brothers. Sampatlal is the father of Rupkali. He and his brother Madanmohanlal were co -sharers of mauza Bareli of which the plaintiff Kedarnath, first respondent, was the Lambardar. They mortgaged their village -share with him, which was foreclosed on 15th January 1934. Thereafter they became exproprietary tenants of their sir land. They were, however, ejected from the holding on 12th October 1940 by Kedarnath in execution of his decree for arrears of rent. On 4th March 1945 Sampatlal gifted his house on the abadi site to his daughter Rupkali by an unregistered instrument, Ex. D -7. This house was the subject -matter of the suit.

(3.) THE only ground urged before me Was that the suit is liable to be dismissed as not maintainable on account of the provisions of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950) (No. 1 of 1951). Reliance is placed on Chhoti Khan vs. Mohammad Obedullah Khan, , I. L. R. (1953) Nag. 702.