BHAGWATI SHUKUL Vs. RAM JATAN TEWARI

JUDGEMENT

(1.) Permanand and Krishnanand Were two brothers separate in estate. Krishnanand died long ago leaving him surviving a widow, Musammat Mohna, and a daughter, Musammat Oreha, who was married to Ram Jatan Tewari, defendant No. I. It was said by the defence that they had a son, Ram Man Tewari, who was defendant No. 2; but both the Courts have found that Ram Man was not the son of Musammat Oreha, so he can be disregarded. The plaintiff is the grandson of Permanand. The property in suit belonged to Krishnanand. On his death his widow, Musammat Mohna, became the heir. She made a deed of gift or Shankalapnama, dated the 23 of August 1904, in favour of Ram Jatan by which she transferred to him the entire property which she inherited from her husband with full proprietary rights. Musammat Mohna died in September 1908. This, suit was brought by Bhagwati Shukul in 1918 to recovier possession of the whole of this property on the ground that the gift by Musammat, Mohna to her son-in-law was invalid after her life.

(2.) Various defences were raised but the only one that need be considered for the purposes of this appeal was that the gift under the circumstances was not justified.

(3.) The Trial Court found that Musammat Oreha was blind and a cripple and that in order to get her married it was necessary-to supply her with a handsome dowry. It held, therefore, that there was legal necessity: for the gift but only to the extent of one-third of the value of the property. It therefore, decreed the plaintiff's suit to that extent. Both parties appealed. The lower Appellate Court has allowed the appeal of the defendants and has dismissed the suit altogether. The plaintiff comes here in second appeal.