JAMNA KUNWAR Vs. RAMHIT SINGH

JUDGEMENT

(1.) The property in dispute in this appeal is property at one time belonging to Bhagwan Singh. To this property some nine years ago Musammat Anari Kunwar, his widow, succeeded and came into possession of the fame.

(2.) On the 13th of April 1909, Musammat Anari Kunwar and with her Musammat Anari Kunwar, who was at that time, had the succession opened out, the next reversioner, executed a deed of gift in favour of Ramhit Singh and Phirae Singh. In this deed of gift they set themselves out as being entitled to and in possession of the property in dispute and they transferred the whole of their properly in favour of the aforesaid Ramhit Singh and Phirae Singh. Ramhit Singh and Phirae Singh alleged that they came into possession and are in possession of the properly in dispute; they add, however, that upon the death of Musammat Anari Kunwar, the patwari of the village made a report and had the name of Musammat Jamna Kunwar entered and their names removed. They applied to the Revenue Court for correction of this mistake but in vain. Thus they were forced to come into the Civil Court and to ask that a decree might be passed in their favour declaring that they are in proprietary possession of the property in dispute and if this be not found proved by the Court below, that a decree awarding possession in their favour may be passed.

(3.) In the written statement the execution of the deed of gift was denied. It was said that Ramhit Singh and Phirae Singh persuaded Musammat Anari Kunwar and Musammat Jamna Kunwar that they were better able to manage the zemindari property left by Bhagwan Singh, that the deed which was executed was understood by the two ladies to be merely a power-of-attorney conveying the right to Ramhit Singh and Phirae Singh to manage the estate. Jamna Kunwar said that the ladies had all along been in possession of the property in suit ever since the death of Musammat Anari Kunwar.