KAMLA Vs. BADRI NARAIN

JUDGEMENT

(1.) THIS is an appeal against the appellate judgment and decree of the learned District Judge Sawai Jaipur and Gangapur and arises out of a suit for a declaration that the two transfers, one in favour of the appellant Mst. Kamla and the other in favour of respondent Ghasi Khan made on different dates, are void and ineffectual against the plaintiff. The plaintiff founded his claim on the ground that the house in suit belonged to Mohri Lal husband of Mst. Naraini and after his death, it devolved upon Mst. Naraini as a Hindu widow. The plaintiff being the adopted son of Bhuramal, real brother of Mohri Lal, was the next reversioner and therefore, entitled to challenge the alienation. It was alleged that the transaction was without legal necessity and one of the transfers was in favour of Mst. Kamla who was a prostitute and the other in favour of Ghasi Khan who was of a creed different from that of the transferor. Stand was taken upon sec. 52a and sec. 52b (2) of Jaipur Transfer of Property Act which respectively forbid transfer in favour of a prostitute and in favour of a person professing a creed different from that of the person who occupies the remaining portion of a house or a dwelling place. ! As both the transfers are of two different portions of a house, it was asserted that they were void and illegal.

(2.) MST. Kamla was arrayed as defendant No. 2 and Ghasi Khan as defendant No. 3 while MST. Naraini was arrayed as defendant No. 1 All the defendants contend the suit on the ground that the plaintiff was not the adopted son of Bhuramal and had, consequently, no right to challenge the transfers. It was also pleaded that the transfers were for legal necessity and further it was pleaded that law relied upon by the plaintiff was not applicable to the property outside the Jaipur City.