PANDIT UMADAT Vs. MUSAMMAT BHAGWAN DEI

JUDGEMENT

(1.) Musammat Bhagwan Dei daughter of Hardeva Sahai, instituted a suit for a declaration that a deed of gift, of a house, dated the 10 October 1905, executed by defendant No. 1 in favour of defendant No. 2 and a sale-deed, dated 23 June 1907 executed by the defendant No. 2 in favor of defendant No. 3, were null and void so far as they affected the interests of the plaintiff.

(2.) The defence with which I am concerned, with is that the property in suit being an insignificant part of the estate which the widow got from her husband by succession, the alienation was valid and that the transfer was made for the spiritual benefit of the husband and the widows.

(3.) The Court of first instance decreed the claim for the declaration that the deed of gift and the deed of sale so far as they were prejudicial to the plaintiff's rights were null and void; the rest of the claim was dismissed. The decree of the first Court was confirmed by the lower appellate Court. That Court found that the gift was for the benefit of the widow's soul arid not for the benefit of the soul of the husband. The defendant, Uman Dat, has preferred a second appeal to this Court. Two points are argued by the learned Vakil for the appellant.