MUNNI BAI Vs. ABDUL GANI

JUDGEMENT

(1.) THIS is a letters patent appeal against the judgment in Second Appeal No. 227 of 1954 decided by Deo J.

(2.) THE appellants were mortgagees in possession of a house situate at Gobra-Nawapara Rajim, tahsil and district Raipur, by a mortgage deed, dated 24-7-1946, executed by one Mst. Dhapli for a consideration of Rs. 1000/ -. Mst. Dhapli made an oral gift of the equity of redemption to the respondent on 27-10-1946. He instituted the suit, out of which this appeal arises, against the appellants for redemption. The claim was allowed by the trial court and the decree passed by it was maintained in the first and also in second appeal.

(3.) IT has been concurrently found by the Courts below that Mst. Dhapli had orally made a declaration of gift on 37-10-1946 in favour of the plaintiff who was then a minor and was living with her under her guardianship. She had at that time executed a document, Ex. P-1, in his favour, which is reproduced below : --