Judgment

V.N. Khare, J.-One Nanho Dubey, father of the appellant herein, was the owner in possession of House No. 27 situate in Mohalla Purani Kotwali, in the town of Jhansi. During his life tim Nanhoi Dubey executed a Will on 16.12.1935 in respect of his properties, including House No. 27, which was duly registered. It was the last Will of Nannhu Dubey whereunder Raghubir Prasad-the respondent herein, was to be the owner of the House No. 27 only after the death of testator’s wife Smt. Bhagwati Bai. Smt. Bhagwati Bai, widow of Nanho Dubey was given only life interest in the said house in lieu of her maintenance. Nanho Dubey died in May, 1943. After the death of the testetor, his widow Smt. Bhagwati Bai entered into the possession of the house for her life time. On 28.3.62, Smt. Bhagwati Bai executed a Gift Deed in respect of House No. 27 in favour of her daughter who is the appellant before us. It is at this stage, the plaintiff-respondent filed a suit for declaration that the Gift Deed dated 28.3.62 executed by Smt. Bhagwati Bai in favour of her daughter is illegal and void. The trial Court dismissed the suit on the ground that Smt. Bhagwati Bai having possessed the house in lieu o