RAM GOPAL Vs. NAND LAL

JUDGEMENT

(1.) This appeal is directed against an appellate judgment of a D. B. of the Allahabad H. C. dated 6-9-1943, by which the learned Judges reversed a decision of the Civil Judge, Etawah made in O. S. No. 28 of 1936.

(2.) The suit was one commenced by the pltf., who is resp. 1 in this appeal, for recovery of possession of two items of immovable property-one a residential house and other a shopboth of which are situated in the town of Etawah. The properties admittedly formed part of the estate of one Mangal Sen who died sometime towards the end of the last century, leaving behind him, as his heirs, his two widows Mt. Mithani and Mt. Rani. Mangal Sen had a son named Chhedi Lal and a daughter named Janki Kuar born of his wife Mt. Rani, but both of them died during his lifetime. Chhedi Lal had no issue and he was survived by his widow Mt. Meria, while Janki left a son named Thakur Prasad. Janki's husband married another wife and by her got a son named Babu Ram. On Mangal Sen's death, his properties devolved upon his two widows, and Mt. Rani having died subsequently, Mt. Mithani came to hold the entire estate of her husband in the restricted rights of a Hindu widow. On 27-11-1919, Mt. Mithani surrendered the whole estate of her husband by a deed of gift in favour of Thakur Prasad who was the nearest reversioner at that time. Thakur Prasad died in 1921, leaving a minor son named Nand Lal who succeeded to his properties and this Nand Lal is the plaintiff in the suit out of which this appeal arises. On 27-10-1921, there was a transaction entered into between Babu Ram on his own behalf as well as guardian of infant Nand Lal on the one hand and Mt. Meria, the widow of Chhedi Lal on the other, by which two items of property which are the subjectmatter of the present litigation were conveyed to Meria by a deed of transfer which has been described as a Tamliknama; and she on her part executed a deed of relinquishment renouncing her claims to every portion of the estate left by Mangal Sen. It is not disputed that Meria took possession of the properties on the basis of the Tamliknama and on 10-4-1923 she executed a will, by which these properties were bequeathed to her three nephews, who are the sons of her brother Sunder Lal. Meria died on l9-6-1924. One Ram Dayal had obtained a money decree against Sunder Lal and his three sons, and in-execution of that decree the properties in suit were attached and put up to sale and they were purchased by Ram Dayal himself on 30-1-1934. On 1-6-1936, the present suit was instituted by Nand Lal and he prayed for recovery of possession of these two items of property on the allegation that as they were given to Mt. Meria for her maintenance and residence, she could enjoy the same only so long as she lived and after her death, they reverted to the Pltf. Sunder Lal, the brother of Meria, was made deft. 1 in the suit, and his three sons figured as defts. 2 to 4. Defendant 5 is a lady named Chirman Kunwar, in whose favour Sunder Lal was alleged to have executed a deed of transfer in respect of a portion of the disputed property. Ram Dayal, the decreeholder auction purchaser, died in May 1935 and his properties vested in his daughter's son Ram Gopal under a deed of gift executed by him in favour of the latter. On 1-9-1938, Ram Gopal was added as a party deft, to the suit on the pltf.'s appln. and he is deft. 6. The two other defis., namely, defts. 7 and 8, who were also made parties at the same time, are respectively the widow and an alleged adopted son of Ram Dayal.

(3.) The suit was contested primarily by deft. 6, and the substantial contentions raised by him in his written statement were of a twofold character. The first and the main contention was that Mt. Meria got an absolute title to the disputed properties on the strength of the "Tamliknama" executed in her favour by the guardian of the ptlf. and after her death, the properties passed on to the three sons of Sunder Lal who were the legatees under her will. Ram Dayal, it was said, having purchased these properties in execution of a money decree against Sunder Lal and his three sons acquired a valid title to them. The other contention raised was that the suit was barred by limitation. The trial Judge decided both these points in favour of the contesting deft, and dismissed the pltf's suit. On appeal to the H. C., the judgment of the Civil Judge was set aside and the plif'. suit was decreed.