BANSI Vs. LALLA

JUDGEMENT

(1.) The plaintiffs are collaterals in the third degree of one Nauratru who died in the year 1924 and by the suit from which this appeal arises these collaterals sought a declaration that a gift of land made by the widow of Nauratru was invalid. It appears that during his lifetime Nauratru had half his land mutated in the Revenue records in favour of his wife Mst. Waziro. The trial Court held that in respect of half of the land not mutated Mst. Waziro acquired only a life interest, and in respect of the half which was mutated the learned Judge held in view of the custom laid down in Paragraph 64, Explanation I, of Rattigan's Digest of Customary Law that as there was nothing in the mutation entry indicating power of alienation granted by Nauratru to Mst. Waziro, Mst. Waziro only obtained a limited estate in the land mutated and had no power of permanent alienation. In appeal the Senior Sub Judge, Kangra, held that Mst. Waziro was full owner of the half share of the land obtained by gift from her husband and varied the decree by confining the declaration to only one-half of the suit land. The second appeal was dismissed by Mr. Justice Khosla.

(2.) It is to be noticed that the challenge made by the plaintiffs is not to the gift as such made by Nauratru to his wife but to the effect of that gift. It has not been denied that the gift was made. What is said is that it conferred only a life estate upon Mst. Waziro. The nature of gifts made to Hindu women seems to have been set finally at rest by the latest decision of the Supreme Court in Ram Gopal v. Nand Lal, 1951 AIR(SC) 139 where it was said-

(3.) It is true that the actual words in which the gift was made are not a matter of record. The mutation proceedings show a note made by the Patwari that Nauratru was making an oral gift to this wife. It is also true that the Khata of which the mutation wa made was a joint khata nad there is no evidence on the record to show actual possession by Mst. Waziro. It is also admitted before us that the land was ancentral. Nauratru made the alienation in November, 1917 and he died in the year 1924. Mst. Waziro made a gift in the year, 1934 to her daughter's son and the suit was filed in August, 1945. Any absolute alienation by Nauratru clearly was subject to challenge by his reversioners. The present suit was filed by minors and therefore so far as they are concerned is within time.