DEORAM GUJAR Vs. BIJU GUJAR

JUDGEMENT

(1.) THE following genealogical tree may help to make the facts of this case more easy to understand: Chiman (dead) ________________|________________ | | Dastu (dead) Sitaram | (died 12-9-1915) | _______ two widows | | Mt. Jai (died Bala Lala (dead) 4-4-1924) and | Mt. Biju (plff.) Deoram, widow (Deft. 1) Mt. Tursi (Deft. 2)

(2.) THE plaintiff, Mt. Biju, is the co-widow of Mt. Jai. The first and second defendants, Deoram and Mt. Tursi, are the son and widow of Lala respectively. The third defendant, Govinda, in the first Court was implicated as being in possession of field No. 102/1, one of the subjects in suit, but was discharged in the lower Court and I am not further concerned with him. Mt. Biju brought the present suit for the possession of land and moveables specified in the schedules attached to the plaint. Her case was that all this property was in possession of Mt. Jai, her co-widow, who died on 4th April 1924; that Mt. Jai had got possession of this property in pursuance of a compromise decree arrived at in Civil Suit No. 9 of 1916 in the Court of the District Judge, Bhandara (cf. copies of the judgment and decree D. 3 and D. 4); and that Mt. Jai remained in possession of the property until her death but that during her lifetime she executed a deed of gift in respect of the said property (Ex.D. 11, dated 3rd August 1920) in favour of Deoram, the minor son of the second defendant.

(3.) ON behalf of the plaintiff, in his rejoinder, it was admitted that a compromise decree, in Civil. Suit No. 9 of 1916, had been passed but it was pleaded that Mt. Jai had made a statement before the District Judge in the said suit distinctly admitting that neither she nor Mt. Biju should have any power to alienate their husband's property. It was, moreover, pointed out under that deed of gift executed by Mt. Biju in favour of Mt. Jai (cf. P. 1) a distinct clause appeared restraining the donee from making any transfer of the property gifted and also stating that Sitaram and his children would succeed to the said property on the death of Mt. Jai.