BAI PARSAN Vs. LALLUBHAI VANDRAVANDAS RANI

JUDGEMENT

(1.) This is an appeal from the decision of the First Class Subordinate Judge at Ahmedabad.

(2.) It appears that in 1909 the plaintiff married defendant No. 1 and a document was executed on that occasion, which is Exhibit 19. By that document, to which I will refer in a moment, the plaintiff was given right to reside in a certain house and to enjoy her food from the rent of the house. Subsequently, defendant No. 1 executed a deed of gift of the house in favour of his grandsons defendants Nos. 2 and 3, and the question is whether he could do that in the face of the document of February 5, 1909. By that document defendant No. 1 recites that be has contracted a natra marriage with the plaintiff and certain ornaments of Rs. 150 have been agreed to be given to her. Then he says : She may stay in the house and oat food. She may enjoy her food from the rent of the house at Pankor's Naka. We admit to what is written above.

(3.) The learned Judge held that that document could not be looked at as it had not been registered.