NANDA GOPAL SINHA RAI Vs. SREEMUTTY PARESHMONI DEBI

JUDGEMENT

(1.) This appeal, arises out of a suit brought by the present respondent to recover possession of land, on establishing her right of inheritance thereto together with wasilat.

(2.) The plaintiff is the daughter of one Dhan Kumari, and she claims right to the property in suit through her mother to whom the property was, according to her allegations, made over by gift by her (Dhan Kumari s) father as an absolute estate. Dhan Kumari died leaving her daughter alone surviving her. After her death the property was taken possession of by the defendants Nos. 1 to 4, who are the next heirs to the father of the plaintiff's mother. Their allegation is that the plaintiff has no right to the property in suit under the terms of the gift made to her mother.

(3.) Both the lower Courts have held that the gift made by the father to Dhan Kumari was an absolute gift, and that, therefore, the property passed on the death of Dhan Kumari to the plaintiff as her heir, and have given the plaintiff a decree for the reliefs claimed.