PARKASH VATI Vs. MAYA DEVI

JUDGEMENT

(1.) THIS is a plaintiff's appeal against an appellate decree of District Judge Gurdial Singh dated 20-2-1948 reversing the decree of the trial Court and dismissing the plaintiff's Suit but leaving the parties to bear their own costs throughout.

(2.) THE disput out of which this appeal has arisen is between the widow of the last male holder and his sisters on 22-1-1936 Murari Lal gifted the property in dispute which consisted of two houses in Abehar Mandi to his mother The gift was an oral one and a report was made to the patwari and the mutation" was Sanctioned on 24-2-1936. It appears that possession still remained of Murari Lal with who the mother was living. Soon after the gi (sic) Murari Lal married the plaintiff Parkash Va (sic) On 17-5-1937 Murari Lal died. There is nothing on the record to show that Parkash Vati plaint tiff did continue to live in the house after the death of her husband.

(3.) ON 19-6-1945 the mother, Mst. Budha (sic) gifted the property to her daughters, May Devi and Shiv Devi. The plaintiff as widow (sic) Murari Lal brought a suit on 1-8-1946 for po (sic)session of one of the houses in Abehar, the other having been sold away. Several defence were raised but the suit was decreed. The trial Court held that Section 123, T. P. Act which has been extended to Municipal Committees of the Punjab had not been complied with and there fore there was no proper gift. On appeal the learned District Judge seems to have gone into all kinds of questions of the sham nature of the transaction and he allowed the appeal holding the parties to be in 'pari delicto. '