CHAND BIBI Vs. NAJBAN BIBI

JUDGEMENT

(1.) THE single question in this appeal is whether a lease or gift made orally, and for indefinite duration, by one of the parties to the other, is a lease for life, or a lease or gift resumable either at the pleasure of the lessor or upon notice.

(2.) WITH respect to any difference between resumption at will and resumption upon notice no question has been raised, and it would seem, from the state of the pleadings, that no question could be N raised; because in the plaint it is stated that the Defendant, c who is the lessee, was informed by the lessor of her intention to cancel the lease, and that she resisted the action, and no issue is taken upon that statement.

(3.) NOW , in the first place, it is to be observed that the mother, the Plaintiff below, is only seeking to resume that which is a portion of her talook. Prima facie she has a right to do that, and it is incumbent upon the person who is resisting the resumption to shew a good title against the talookdar. The question is, whether the Defendant, who sets up this gift or lease, has shewn such a title.