MT BULAQAN Vs. RATAN LAL

JUDGEMENT

(1.) This is a defendant's appeal. The suit was for possession of a moiety share in a house No. 50-3 situate in Ghasyari Mandi Naugaza in the city of Cawnpore, by a right of purchase under a sale deed, executed by defendant 2, who is the Official Receiver, in favour of the plaintiff-respondent.

(2.) The facts which have given rise to this appeal may be briefly sat out as follows: One Chandu Lal who was a Saraugi Jain died leaving a widow Mt. Munya Bibi. His estate devolved upon this lady under the Hindu law of inheritance. She took one Gopi Nath in adoption in or about the year 1908. On 9 January 1909 during the minority of Gopi Nath Mt. Munya, the adoptive mother, for herself and her minor son purchased the house now in suit for Rs. 9,000 from Ram Prasad and certain other parsons. Mt. Munya is alleged to have executed a will on 17th February 1918, in favour of the defendant-appellant, Mt. Bulaqan alias Munni Bibi, who is the wife of her adopted son Gopi Nath. There is a cloud of controversy as regards the due execution and genuineness of this will. It is alleged that the document is a spurious one. It is pleaded in the alternative that at the time of the execution of this will Mt. Munya was non compos mentis. This will was not registered in the life time of Mt. Munya and indeed, not for about a year and a half till after her death It is alleged that Mt. Munya died some time after the execution of this will, the date of her death is not known. On 5 July 1921, Gopi Nath executed a deed of gift in favour of his wife which embraced property other than the property in suit. Gopi Nath was adjudicated an insolvent on the 15th September 1923, and defendant 2 was appointed the Official Receiver. Defendant 2 executed a sale-deed in favour of the present plaintiff of a moiety share in the house on the 24 October 1924, for a sum of Rs. 3,000. Trouble arose between the purchaser and the wife of Gopi Nath as regards the former utilizing the fruits of his purchase and ultimately the present suit was instituted on the 6 January 1925, on the allegation that the house belonged to Gopi Nath, that it vested in the Official Receiver and the latter official was competent to convey a good title to a moiety share in the house by the sale deed executed by him in favour of the plaintiff.

(3.) The suit was defended on various grounds It was contended that the house was the exclusive property of Mt. Munya, the widow of Chandu Lal, that she as a Jain widow was competent to bequeath the house to the defendant-appellant and the will dated the 17 February 1918, was a valid and operative document. It was further pleaded that Gopi Nath had subsequent to the death of his adoptive mother ratified the will in favour of Mt. Bulaqan, his wife and thereby had passed a title to his wife under the will.