GAURJU Vs. TARA CHAND

JUDGEMENT

(1.) This second appeal by Smt. Gaurju is directed against an appellate judgment and decree of the learned District Judge Mandi and Chamba Districts affirming the judgment and decree of the learned Additional Sub-Judge Mandi dismissing the suit filed by the appellant for cancellation of a gift and for recovery of possession of the land which was the subject-matter of the gift.

(2.) The appellant, Smt. Gaurju is the mother-in-law of the respondent Tara Chand. She had gifted the disputed land in favour of the respondent on the condition that he would maintain her during her lifetime and would perform her obsequies after her death. The mutation of the aforesaid gift was sanctioned on 10-6-49. The respondent ceased to maintain her for about three months prior to the institution of the suit and as such she has become entitled to recover possession of the disputed property.

(3.) The defendant respondent repudiated that the gift was subject to any condition as alleged in the plaint and alleged that the gift was unconditional and it was of his own accord that he maintained the plaintiff appellant and was prepared to do so even in future.