CHANDRA MANI Vs. GOPI VALLABH

JUDGEMENT

(1.) THIS appeal by defendant Smt. Chandra Mani against the appellate judgment of District Judge, Jodhpur, dated April 30, 1962, decreeing the suit of the plaintiffs -respondents for possession of the suit house and declaring the 'patta' and the gift -deed as inoperative.

(2.) THE house in question admittedly belonged to Roopram. The plaintiff's therefore traced the genealogy from him in order to show that while they were the descendants of Shivrup, Prabhushanker was the descendent of Shambhuram, Prabushanker used to reside in the suit house when he died issueless on Jeth sud 7, Section 2000. The plaintiffs claimed to be his only heirs. Mangilal, who was the sole defendant in the suit (as instituted on November 8, 1948) used to reside in the house from the life -time of Prabhushanker. The plaintiffs asked him to vacate the house, but he refused to do so inspite of notice, on the plea that it had been gifted to him by Prabhushanker by gift -deed Ex. A. 3 dated May 21, 1938 and he had obtained a 'patta' on that basis. The plaintiffs however challenged the gift -deed as illegal and void on the grounds that it was made for valuable consideration and was a grant, in charity, from the Rule so that it was inalienable,

(3.) EIGHT issues were framed in the trial court to cover the points in controversy between, the parties. Defendant Mangilal died during the course of the trial and his daughter Smt. Chandramani, the present appellant, was brought on the record as his legal representative.