NARNO DEVI Vs. RATTAN CHAND

JUDGEMENT

(1.) Kishan Datt was the owner of sizeable immovable property situate in Tika Jhikli Dar, Dakhli Khunyara, Tehsil and District Kangra. He died on February 4, 1952, leaving behind, Smt. Namo Devi, his widow and Smt. Banti Devi, his mother. The mother executed a deed of gift in favour of Smt. Vidya Devi on January 3, 1970. This she did after her name had been mutated over 1/4th share in the estate of her son Kishan Datt. This mutation had been sanctioned at Serial No. 495 on November 19, 1952. The mutation in favour of Sint. Vidya Devi was at Serial No. 670 and had been sanctioned on January 6, 1970. Banti Devi died on April 12, 1973.

(2.) Smt. Vidya Devi, the donee, made a further gift of the property in suit in favour of Dharam Chand and Rajinder Kumar. Thereafter, the suit giving rise to the Second Appeal was filed by Smt. Namo Devi on June 11, 1973.

(3.) The basic plea which has been raised by the plaintiff is that the mutation in favour of Smt. Banti Devi, Ex. P-1, only conferred life estate on her. She could not make any gift in favour of Smt. Vidya Devi. As such, the gift made in favour of Smt. Vidya Devi, as also the one made by Smt. Vidya Devi in favour of Dharam Chand and Rajinder Kumar, was void. The plaintiff claimed that she was entitled to regain possession of the house mentioned in the title of the application as also of 27 Kanals and 13 Marlas of land detailed therein.