MT SHEORAJI Vs. RAM SAWARI DEVI

JUDGEMENT

(1.) The litigation that has culminated in the present appeal owes its origin to a deed of gift dated 14 August 1916, executed by one Kalap Nath in favour of his wife, Mt. Sampata, and has been occasioned by the uncertainty attending construction of deeds, of transfer executed in favour of Hindu women and the difficulty in deciding whether an absolute estate or a limited estate peculiar to Hindu females was intended to be transferred. The deed of gift of 1916 is couched in plain and simple language and is free from legal technicalities. It begins by reciting that Kalap Nath is the owner of the properties transferred by the deed and that he has no male issue and has become old. The deed then goes on to say that Kalap Nath was very pleased with Sampata and "made a gift of the shares and houses" with all its inherent and adventitious rights in her favour and put her in possession thereof and that: She should enter into possession of the gifted property and enjoy the same, pay the Government revenue and get her name entered in the public documents in place of the name of me, the executant.

(2.) Then there is the following clause in the deed restraining alienation: She cannot make any temporary or permanent transfer of any sort without the permission of me, the executant.

(3.) The deed concludes by declaring that: All the powers which I, the executant, had as a zemindar shall be exercised by Mt. Sampat-Dubain aforesaid. I, the executant, have no objection to this.