Judgment

MAHAJAN, C.J.I. : This is an appeal from the judgment and decree of the High Court of Judicature of Rajasthan dated the 5th of April 1950, modifying the decree of the High Court of the former Jaipur State dated the 3rd March 1949, on an application for review in a second appeal concerning a suit for possession of property.

2. The property in dispute originally belonged to one Ramchandra who died sonless in the year 1903. He was survived by his mother Shekori, his widow Mst. Badni and his two daughters, Bhuri and Laxmi. It is alleged that he made an oral will under which he bequeathed the property is dispute to his daughter Laxmi. On the 6th September 1906, Mst. Sheokari and Mst. Badni purporting to act in accordance with the directions of the oral will, executed and registered a deed of gift of the property in dispute in favour of Mst. Laxmi.

The gift deed contains the following recitals:

"These houses are made a gift to you according to the will of your father Ramachandra... In this way, these houses belonging to us were purchased by your father Ramchandra and he in his last days having made a gift of these houses to you, made a will to us that he had made a gift of that hous