TILA BEWA Vs. MANA BEWA

JUDGEMENT

(1.) THE plaintiff is the appellant, in this second appeal, from a decision of the learned Subordinate Judge of Cuttack, whereby he allowed in part, an appeal from the decision or the learned Munsif, Cuttack and decreed the plaintiff's suit with certain conditions.

(2.) THE plaintiff is the daughter-in-law of the defendant, as appears from a short genealogical table set out below-Mana Bawa first Wife=natbar (dead)=tila Bewa (Plaintiff)

(3.) ON May 10, 1951, the defendant mother-in-law gifted away the suit lands in favour of the plaintiff daughter-in-law, by a registered deed of gift (Ext. 1 ). Until 1953, the plaintiff remained in possession of the suit lands and lived with her husband Natabar who died in 1953, After Natabar's death, the plaintiff lived with the defendant mother-in-law till 1954. In 1954, the plaintiff having been neglected by the mother-in-law she (plaintiff) left for her father's house. Thereafter the plaintiff a applied for mutation in respect of the suit lands. On May 31, 1954 the defendant mother-in-law executed a deed of cancellation of the gift deed (Ext. A ). Thereafter on September 19, 1954, this suit was filed by the plaintiff for declaration of title and possession in respect of the suit lands. The defendant mother-in-law's defence,--as taken in the suit, shortly stated--is this; her son natabar's first wife, after marriage, did not come to live with him. Thereafter the defendant got her son married to plaintiff; during the marriage negotiations, the defendant executed the deed of gift, in order to induce the plaintiff to come and live with her son; that the deed off gift was not acted upon; that it was a conditional gift to the plaintiff on condition that the plaintiff will maintain the defendant; the plaintiff having failed to maintain the defendant, she (defendant),-according to her,--is entitled to revoke the deed of gift and accordingly she cancelled the deed of gift by Ext. A : further that the plaintiff having re-married, she is not entitled to the property under the deed of gift.