MT SINDHI Vs. MTPARTAPO

JUDGEMENT

(1.) Regular Second Appeal No. 834 of 1946 was referred to a Bench on the ground that it involved an important question of law which was nude of authority.

(2.) The land in dispute belonged to one Phindu. He died leaving him surviving a widow Mt. Lachhmi and a daughter Mt. Partapo. Mt. Lachhmi in February 1944 made an oral gift of the land that she inherited from her husband in favour of her daughter Mt Partapo. Before the mutation was sanctioned Mt. Lachhmi died. Mt. Sindhi, plaintiff, who is the widow of a fourth degree collateral of Phindu, appeared before the mutation officer and objected to the mutation being sanctioned on the basis of the gift. The mutation was, however, sanctioned in favour of the donee in spite of her objections. On 9 February 1944 a document was executed by Mt. Sindhi in favour of the donee's husband in the following terms: Mt. Lachhmi has gifted the land in favour of Mt. Partapo and mutation has been sanctioned in her name. I give my assent to this gift and I will not bring any suit to contest it. I have given up my right in the gifted property. This document was executed for a certain consideration mentioned in it. On 6 March 1914, Mt. Sindhi brought the present suit to challenge the gift regarding which she had agreed not to bring a suit.

(3.) It was alleged in the plaint that the land in suit was ancestral and that the gift by Mt. Lachhmi in favour of Mt. Partapo was not binding on her and therefore it should be declared that she is the owner of the property in suit. In the alternative she claimed a decree for possession if it was found that she was out of possession of the disputed land at the time of the suit.