MANOHAR LAL Vs. MEGH RAJ

JUDGEMENT

(1.) This appeal arises out of a suit for declaration filed by the present appellants against Megh Raj and others.

(2.) One Ralla Ram, who was the owner of several buildings including the residential houses and shops situate on the Mall, in the Middle Bazar and at other places outside Simla, made a gift of his properties, namely, one four storeyed shop together with stair -case bearing No.. 37, situate in the middle of the main bazar, three shops built of pacca masonry together with the pillar of three storyed shop on the west bearing No. 64, situate in the middle of the Middle Bazar, one double storyed house bearing No. 23, situate in the middle of Kashmiri Chakla, one double storeyed Pukhta Haveli together with a terrace and the vacant land attached to that Haveli, a double storeyed Pukhta shop with the entire land and a dilapidated house in the middle of the orchard and also the properties situate outside Simla, to his mother Smt. Paro in the year 1904. By that gift deed which was registered on 4th June, 1904, there was a condition attached to the gift which is in the following terms : - "I, the donor, and my wives have to maintain ourselves and the donee aforesaid behaves us very nicely, it will be her (donee) duty to give me and my two wives maintenance till we survive and to pay us money for our necessary household expenses, other expenses for purposes of mourning and rejoicing for minor daily necessities of mess and for comforts, clothes and necessary ornaments. Hence I have executed this deed of gift."

(3.) The donor, that is, Shri Ralla Ram died in the year 1913 and Smt. Paro, the donee, died in the year 1921 Under the terms of the gift deed, Smt. Paro had been given all the rights to mortgage, sell, gift or transier the aforesaid properties in any way adding this condition that the donee was under a duty to maintain the persons mentioned therein. Smt. Paro had one daughter but she, it appears, pre -deceased her. Since Paro bad become the absolute owner of the properties, the same had become her stridhana. So the property was to devolve on her daughter but she had pre -deceased her mother leaving behind one daughter Smt. Bhago, who also died during the pendency of the appeal in this Court. But somehow the property was mutated in the name of Smt. Ananti Devi widow of Ralla Ram on the death of Smt. Paro and she continued in possession.