PYARE MOHAN Vs. NARAYANI

JUDGEMENT

(1.) This Civil Special Appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, arises out of a suit which was instituted by the plaintiff- respondent, Smt. Narayani, against the defendant-appellant, pyare Mohan, for possession of a 'Kotha'' described in para No. 4 of the plaint as well as for mesne profits amounting to Rs. 102/-.

(2.) The case of the plaintiff-respondent, as set out in the plaint, was that the house described in para No, 1 of the plaint of which the suit 'Kotha' is a part belonged to one Gopal Lal, who died on June 15, 1956. The respondent had been living with said Gopal Lal since 10 Or 11 years before the latter's death and in lieu of services rendered by the respondent, the deceased Gopal Lal executed a Rift deed Ex. 1 in respect of the whole house in her favour. It was also the case of the respondent that after the execution of the gift deed Ex. 1 she was put in possession of the gifted house. After the death of Gopal Lal, some time in the month of June. 1956, the plaintiff permitted the appellant who is Gopal Lal's sister's son and the appellant's mother to live in the suit 'Kotha' for few days. But when the respondent asked the appellant and her mother to vacate the suit 'Kotha', they refused to do so. The respondent on the aforesaid allegations filed a suit for possession of the house and mesne profits.

(3.) The suit was contested by the appellant, who denied the gift set UD by the respondent. It was also denied by him that the suit 'Kotha' was occupied by him under the permission of the respondent and the appellant pleaded that the gift was void as its object was past cohabitation, which was immoral and further that the suit 'Kotha' and the entire house of which it was a part had devolved upon him as a heir of Gopal Lal.