HIRA MANI SINGH Vs. ANMOL SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for proprietary possession of a village of the name of Sarai Aghi Chand alias Chandaukhi situate in pargana Sikandara of the district of Allahabad and for recovery of Rs. 500 on account of mesne profits for Kharif and Rabi 1331 Fasli. One Thakur Jagtamba Prasad Singh was the owner of the property in suit jointly with the plaintiff who was his son. The plaintiff is a parihar Thakur. The defendant belongs to the Baghel clan. He is highly connected and belongs to the family of His Highness the Maharajah of Rewah. Jagtamba Prasad Singh had a daughter of the name of Mt. Pershad Kuer. He gave this daughter in marriage to the defendant in the month of June of the year 1915. On 8 May 1918 Jagtamba Prasad Singh executed a deed of gift in favour of his daughter, certain recitals of which are material for the purpose of this appeal. He stated in this document: On the occasion of "kanyadan" ceremony of my daughter Mt. Parshad Kuar, I the executant had made a "sankalap" of my zemindari property of the value of Rs. 8,000, situate in mauza Sarai Aghai Chand alias Chandauki pargana Sikandra, district Allahabad, but the deed of gift could not be executed up to this time"... "I have made a gift of a 16 anna zamindari property bearing a jama of Rs. 443, situate in mauza Sarai Aghai Chand alias Chandauki... in favour of Mt. Parshad Kuar, wife of Anmol Singh, resident of Patharhi, Rewah State, daughter of me, the executant. I have put the donee aforesaid in possession and occupation of the property, like myself, as my representative. The donee should remain in possession and occupation of the gifted property and enjoy the same as a proprietor. All the rights which I, the donor, had in the gifted property prior to the execution of this deed of gift have been transferred to the said donee from this date. Now I have ceased to have any right or share in the gifted zemindari property. The donee is the owner of the entire property. She can do whatever she may like with it".... If Mt. Parshad Kuar donee daughter of me the executant, begets any male issue, then that son will be the owner of the gifted property. If by chance she does not beget any male issue, then the gifted property shall revert to the family of me, the executant.

(2.) Thakur Jagtamba Prasad Singh died in November 1920, leaving the plaintiff the sole surviving member of the joint family. Mt. Parshad Kuar died on 5th December 1922. She gave birth to no children by the defendant and left no male issue. Mutation of names was effected in favour of Mt. Parshad Kuar, in pursuance of the deed of gift. Upon the death of Mt. Parshad Kuar, troubles arose in the Court of revenue in connexion with the mutation of names. The plaintiff's name was ordered to be mutated by the Assistant Collector, on 31 May 1923. The Collector, however, reversed that order and directed the name of the defendant Anmol Singh to be brought upon the revenue record by his order, dated 17th August 1923. This order was confirmed by the Commissioner, on 27 November 1923.

(3.) This suit was commenced, on 31 May 1924. The deed of gift was attacked on a variety of grounds. The plaintiff urged that the document had not been properly attested, that mauza Chandauki was the joint ancestral property of the plaintiff and Thakur Jagtamba Prasad Singh, that the latter was not competent to donate the property to his daughter, that the document had never been enforced, and that in any case the plaintiff was entitled to recover possession of the property under the terms of the deed of gift as Mt. Parshad Kuar had died without leaving any male issue.