RAM CHARAN LAL Vs. BASDEO SAHAI

JUDGEMENT

(1.) The two appeals Nos. 1379 and 1380 of 1924, arise out of two suits for possession of certain plots of land.

(2.) The facts giving rise to the two suits are shortly these: One Debi Sahai was the owner of a 2 biswas share in mahal Gulabi, of village Jalib Nagla. On the 15 June 1915, he mortgaged that share to his sister, Mt. Hanga Dei, for Rs. 1,000. He again by a subsequent mortgage dated 16 August 1915, mortgaged the same share to Shadi Lal husband of Mt. Ganga Dei for Rs. 2,000. By that time, Debi Sahai had become finally embarrassed and it is alleged that he then commenced to make fictitious transfers of his property with a view to defraud his creditors and possible subsequent bona fide transferees for value of his property. On the 17 August 1915, he executed a deed of gift of the entire 2 biswas share in favour of his son Manmohan Sahai. In December 1916 he executed a deed of gift in favour of Jaggannath Prasad of all the plots in dispute in the suits giving rise to the present appeals. These plots appertained t6 the 2 biswas share, and the validity of this deed of gift was assailed in the present litigation.

(3.) A few days after the execution of the deed of gift Debi Sahai applied to be declared an insolvent, and was adjudged an insolvent on the 19 January 1917. On the 12 May 1917, Manmohan Sahai, his son, committed suicide. On the death of Manmohan Sahai Debi Sahai gave out that Manmohan Sahai had made an oral will bequeathing the entire 2 biswas share that had been gifted to him by the deed of gift dated 17 August 1915, in favour of his stepmother Mt. Chameli, and on; the 22 May, 1917, Debi Sahai executed a deed of relinquishment with respect to that share in favour of Mt. Chameli. On the same date viz., the 22nd May 1917, both Debi Sahai and Mt. Chameli, executed a sale deed of half of the property (1 biswas) in favour of Mt. Ganga Dei and Mt. Sarup Dei wives of Shadi Lal, and thereby wiped off the two mortgages of the year 1915. The next day that is on the 23 May 1917, Debi Sahai and Mt. Chameli executed a sale- deed of the remaining 1 biswas share in favour of Basdeo Sahai and by the consideration of that sale-deed, the debts of the remaining creditors of Debi Sahai were paid off. Mt. Ganga Dei, Mt. Sarup Dei and Basdeo Sahai applied for mutation of names, and their names were entered in the revenue papers as against the shares purchased by them.