ABHESANG TIRABHAI Vs. RAISANG FATESANG

JUDGEMENT

(1.) This was a suit by a reversioner to recover property setting aside a grant or disposition made by the widow of a previous holder.

(2.) The circumstances underlying the litigation are these. The original plaintiff Abhesang was the son of one Tirabhi who was the great-grand-son of Tiratsang. Tiratsang had another son Ajabsang and Ajabsang s great-grand-son was Bapji Jasabhai whose property is the subject of this litigation. Bapji Jasabhai on dying left two widows, Bajiba and Jijiba. By Bajiba Bapji had a daughter Laduba and by Jijiba he had another daughter Ratanba. Ratanba married Bapujee Abhesing, who by another wife was the father of Fatesing, who was the father of the defendants 1 and 2. The third defendant on the record is the Talukdari Settlement Officer.

(3.) On the occasion of Ratanba s marriage with Bapuji Abhesing in 1857 the widow Jijiba executed in favour of her son-in-law Bapuji the deed Exhibit 89, the material portions of which run as follows:-" To Rana Shri Bapuji Abhesingji. Passed in writing by Jijiba, wife of Rana Bapji Jasabhai. My daughter Ratanba has been married to you. Consequently I have made a gift to you of all the Gharthal lands and the Sim lands with trees and meadows and all our moveable and immoveable properties pertaining to my share with this understanding that you should enjoy all our properties from generation to generation or deal with them in any way you choose. I have no son and consequently so long as I live I am to live in my husband s house and you are to maintain me, and when I die, then you are to perform my funeral ceremonies and pay the expenses of them according to the custom of our caste and according to your means; and whatever debts there may be due from me you are to discharge ". The date of this deed, which has been referred to throughout as the deed of gift, is the 10th of September 1857.