RAMPYARI KUER Vs. DULHIN BACHURAJ KUER

JUDGEMENT

(1.) The appellant brought a suit for recovery of possession on partition of her half share in the properties described in the plaint, after setting aside the deeds of transfer executed by her mother and sister in favour of defendants Nos. 1 to 24 for want of legal necessity and consideration. She also claimed mesne profits in respect of her share in the properties till she gets possession.

(2.) Udit Narain Singh had two daughters and one son. Plaintiff and defendant No. 1 are the two daughters. The son is dead and his widow is Mt. Dhanraj Kuer. Udit Narain's widow was Jamuna Kuer, mother of plaintiff and defendant No. 1. On the 2nd of June, 1903 a deed of gift was executed by Udit Narain Singh in favour of his wife Jamuna Kuer in respect of all the properties held by him. That was proved as Ex. C in the case in the trial. Jamuna Kuer made several transfers of portions of that property both during the lifetime and after the death of her husband Udit Narain Singh. One of those transfers was on the 14th of May, 1947, a deed of gift in favour of her daughter, defendant No. 1, in regard to all the properties that she held at that time. This document was marked as Ex. C-2, Jamuna Kuer died on the 21st of September 1947.

(3.) All the transferees including defendant No. 1 were impleaded as defendants to the suit. Three written statements were filed on their behalf. One was of defendants No. 1 to 5, 7 and 9 to 11 which was adopted by defendants No. 12 to 14 and 16 to 18. Two other written statements were by defendant No. 2-a and defendant No. 8. The common defence was that the plaintiff was not the daughter of Udit Narain Singh but she was the daughter of the sister of the deceased Jamuna Kuer; as such she had no loous standi to bring the present suit as she was not an heir to Mt. Jamuna Kuer or Udit Narain Singh. It was also pleaded that Ex. C, the deed of gift, executed in favour of Mt. Jamuna Kuer by her husband gave an absolute estate to her and she was competent to dispose of the property acquired under that deed in any way she liked.