HASHIMBI YAKUBSAHEB BEG Vs. AJAMATBI MAKTUMSAHEB

JUDGEMENT

(1.) The question in this second appeal relates to the validity of the gift made by Kamalbeg in. favour of his daughter Hashimbi, who is the plaintiff.

(2.) The facts relating to the gift are not in dispute now. On November 23, 1899, Kamalbeg made a gift of a house and certain Inam land described in the deed of gift which is registered. The recitals in the deed relating to possession thereof are as follows:-- At present the said land has been leased out to another person for cultivation. On the expiration of the term of the lease you should take the same into your possession and carry on Vahivat thereof. The house is this day delivered into your possession for Vahivat.

(3.) The land which is referred to as having been given in lease was at the date of the gift in possession of Venkangowda on terms, which are stated in an award between the plaintiff and Venkangowda's representative as follows:-- Before this gift was made the plaintiff's father had, on April 27, 1898, mortgaged this land for Rs. 800 on conditions that the mortgagee should be in possession of the land for twenty years and that he should make improvements in the laud (Kird). Malgowda is in possession of the land uptil today on this agreement. The defendant should show the improvements as stipulated within twenty years and plaintiff should pay the amount of Rs. 800 and get back the land. Thus has the deceased Kamalbeg agreed in writing. The defendant is accordingly in enjoyment of the land for these nine years.