PIARE LAL Vs. MUSAMMAT SARASWATI

JUDGEMENT

(1.) The plaintiffs instituted a suit on the 11 of October, 1924, for a declaration that certain transfers made by Musammat Parbati, widow of Jawahir Lal, were void and ineffectual against the plaintiffs and for possession of some of the properties left by Jawahir Lal.

(2.) Jawahir Lal died leaving a widow Musammat Parbati and a sister Musammat Bano. His property consisted of a house, two shops and a plot of waste land situate in Mandavi Rexganj, one of the Muhallas of Sirsaganj, Pargana Shikohabad in the District of Mainpuri. He also left a dwelling house situate in Dayaganj, another Muhalla of Sirsaganj. Upon the death of Jawahir Lal his estate devolved upon his widow Musammat Parbati. On the 22nd of February, 1909, Musammat Parbati executed a deed of gift of the entire estate belonging to her husband in favour of Jwala Prasad, her brother. Jwala Prasad is alleged to have taken possession of this property on the death of Musammat Parbati. Jwala Prasad sold the house in Dayaganj to Jiwa Ram defendant No. 2 under an instrument dated the 3 of October, 1913. Jiwa Ram under a sale-deed dated the 18 of November, 1916, sold it to Jhandu who was impleaded as defendant No. 5 in the suit as originally brought. Jhandu was dead at the date of the suit. His sons Atwari and Pokha were brought upon the record as defendants Nos. 5 and 5-A under an order dated the 20 of November 1924. After Jwala Prasad's death his mother Debiji, who is defendant No. 4, came into possession of this property. She sold the waste land to Bhagwan Das, husband of defendant No. 3, on the 10 of July, 1920. She sold the remaining property of Jawahir Lal to her daughter Musammat Saraswati on the 4 of August, 1920.

(3.) Musammat Parbati died on the 24 of January, 1913. Plaintiffs claim to be the sons of Musammat Bano and as such the Bister's sons of Jawahir Lal. They impugn the various transfers referred to above as having been made without any legal necessity and, therefore, not binding upon them.