DAMODAR DAS Vs. MTGODAWARI

JUDGEMENT

(1.) This regular first appeal is directed against the decree made on 29 January 1946 by the Senior Sub-Judge of Delhi in a suit filed on 11 August 1944 by Damodar Dass, the plaintiff appellant, against the three defendants respondents for a declaration that the sale-deed dated 81 May 1944 registered on 20 June 1944 and executed by the defendant-respondent Mt. Godawari in favour of the defendant respondent Jai Narain in respect of a house in Delhi fully described in the plaint was without consideration and valid necessity and was null and void and ineffectual as against the rights of the reversioners after the death of Mt. Godawari.

(2.) The plaintiff Damodhar Dass is one of the brothers of one Gopal Sahai deceased, Godawari (defendant 1) is the second wife and the surviving widow of Gopal Sahai. Moti Ram (defendant 3) who was a natural born son of one Lachhi Ram, the eldest brother of Gopal Sahai was on or about 22 November, 1937 adopted by Gopal Salmi as a son unto himself as evidenced by a registered deed of adoption. On or about 9 August 1939, Gopal Sahai had by his second wife Godawari a son who was subsequently named Bbup Singh. Gopal Sahai died on 6 June 1941leaving him surviving his widow Godawari, his adopted son Moti Ram and his natural born son Bhup Singh both of whom were then minors.

(3.) Shortly after the death of Gopal Sahai, to wit on 29 November 1941, Godawari filed a petition in the Court of the Senior Sub. Judge at Delhi praying for the grant of letters of administration to the estate of her husband Gopal Sahai. The Court appointed a local commissioner to make an inventory of the estate. On 31 January 1942 Godawari's petition, we are told, was returned to her for presentation in the proper District Court. Godawari, it appears, did not pursue that matter any further.