NARAINI Vs. PYARE MOHAN

JUDGEMENT

(1.) THE suit out of which this second appeal arises was instituted by the plaintiff appellant Smt. Naraini against the defendant respondent Fyare Mohan for possession of a 'kotha' described in para No. 4 of the plaint and also for mesne profits for the same amounting to Rs. 102/ -. She also claimed future mesne profits at the rate of Rs. 6/-per month. Her case as set out in the plaint was that the house of which the 'kotha' in question is a part, belonged to one Gopal Lal, who died on 15-6-1956. It was alleged that the plaintiff had been living with Gopal Lal since 10. or 11 years before the latter's death and in lieu of the services rendered by her the deceased Gopal Lal executed a gift deed in respect of the whole house in his (her?) favour. The original gift deed has been put on the record and marked ex. 1. It was further alleged that after execution of the gift deed the plaintiff was put in possession of the gifted house. The plaintiff went on to state that after the death of Gopal Lal some time in the month of June 1956 she permitted the defendant, who is Gopal Lal's sister's son and the defendant's mother to live in the 'kotha' in question for a few days but when the plaintiff asked them to vacate the 'kotha' the defendant refused to do se and wanted to grab it. On these allegations she asked for possession of the house and mesne profits.

(2.) THE suit was resisted by the defendant who denied the gift set up by the plaintiff. He also denied having occupied the 'kotha' by the permission of the plaintiff and pleaded that the gift was void as its object was past cohabitation, which was immoral and that the house in question had devolved upon him as an heir of Gopal Lal.

(3.) AFTER recording the evidence produced by the parties, the learned Munsiff, jaipur city (west) by his judgment dated 30-10-1961 decreed the plaintiff's suit for possession of the 'kotha' and also granted a decree for Rs. 68/- on account of mesne profits.