Decided on June 18,1951

Raghunath Devi Appellant
Samad Gashru Respondents


- (1.) This appeal raises a question as to the validity of a deed of gift dated Magh 10, 1994, executed by Dewan Chet Ram, the Respondent No. 2, in favour of his wife, the appellant.
(2.) The subject-matter of the gift is 419 Kannals 13 Marlas of joint land situated in Rakh Asham, Tesil Raramulla. Notwithstanding the gift the respondent No. 2, continued in possession of the property and on Har 17, 2002, he executed a usufructuary mortgage of the property which was the subject-matter of the gift in favour of the respondent No. 1 which later on was compulsorily registered at the instance of respondent No. 1.
(3.) Since then the two titles, one under the gift and the other under the mortgage, have been in controversy. The appellant first initiated mutation proceedings and obtained a mutation order in her favour and subsequently instituted a suit for a declaration of title and for an injunction restraining the respondents from interfering with her rights and possession which suit, however, was dismissed for default of prosecution. The respondent No. 1 in his turn, instituted a suit to enforce the mortgage out of which this appeal has arisen, in which the validity of both the gift and of the mortgage came in controversy again. Both the Courts below have found in favour of the mortgage and against the gift. The validity of the mortgage has been concluded by the findings of fact arrived at by the Courts below and does not arise for the consideration of the Board. The validity of the gift, however, still remains to be finally determined in this appeal.;

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