A statement of a person who is dead is admissible when the statement is against the pecuniary or proprietary interest of the person making it, or when if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages.

Judgement

WANCHOO, J. : This is an appeal on a certificate granted by the Patna High Court. A suit was brought by the plaintiffs-respondents for a declaration, and in the alternative for possession, in respect of certain properties. It was prayed that a deed of gift executed on July 31, 1953 by Mst. Phuljhari Kuer in favour of the appellant Ramrati Kuer was not binding on the plaintiffs-respondents. Mst. Phulijhari Kuer was originally a defandent but died during the pendency of the suit. The case of the respondents was that the common ancestor of the parties Ramcharan Singh had three sons, namely, Ramruch, Uttim Narain and Basekhi Singh. After the death of Ramcharan Singh, his three sons separated in status though the properties were not divided by metes and bounds. Uttim Narain died sometime before 1900 leaving a widow Mst. Zira Kuer but no children, and Mst. Zira in her turn died in 1943. Ramruch had a son Basudeo Narain. According to the respondents, Basudeo Narain died during the life-time of his father sometime about the revisional settlement which took place between 1917-1920. As Basudeo Narain was the only son of Ramruch the latter was greatly grieved on his premature death and he left his home about a month after Basudeo Narain s death and thereafter disappeared from the village. Basudeo Narain had married twice. One of his widows was Mst. Phuljhari Kuer who executed the gift deed of 1953 which was challenged in the suit. The other was Mst. Sakala who died in 1950. Mst. Phuljhrai had no children while Mst. Sakala had a daughter Ramrati Kuer who is the appellant before us. Thus at the time of his death, Basudeo Narain left two widows and a daughter. The case of the respondents further was that as Basudeo Narain had predeceased his father, Basekhi Singh inherited the properties of the share of Ramruch and that the two widows and the daughter of Basudeo Narain had no right to the properties except that they were entitled to maintenance. Further on the death of Mst. Zira Kuer, Uttim Narain s share of the properties also came to Basekhi Singh. On July 31, 1953, however, Mst. Phuljhari Kuer was prevailed upon by the appellant s husband to execute a gift deed in favour of Ramrati Kuer, though she had no right whatsoever to the properties. Consequently the suit out of which the present appeal has arisen was filed on October 5, 1953. Thus the main case of the plaintiffs-respondents was that Basudeo Narain died in the life-time of his father and his widows and daughter had no right to any property in which he might have had a share along with his father Ramruch with whom he was joint and that on the death of Ramruch the entire share of Ramruch was inherited by Basekhi Singh. It may be mentioned that Basekhi Singh died in 1948 and the suit was filed by his two sons.

2. The appellant contested the suit. The case of the appellant was that there had been no separation during the life-time of Uttim Narain and that after the death of Uttim Narain there was a joint family consisting of Ramruch and Basekhi Singh. It was sometime before the revisional settlement that Ramruch and Basekhi Singh separated and each had half share, though many of the properties still remained joint. It was further contended by the appellant that Ramruch died before his son. Therefore, Basudeo Narain succeeded to and came into possession of half of the properties of Ramruch s share and on Basudeo Narain s death, his two widows came into possession of the same. After the death of Mst. Sakala, Mst Phuljhari remained in sole possession of Basudeo Narain s properties. She executed the deed of gift of 1953 in favour of the appellant, since then the appellant had been in possession. Further it was stated that the appellant being the only daughter of Basudeo Narain was his legal heir and was entitled as of right to the entire share of Basudeo Narain after the death of Mst. Phuljhari Kuer.

3. It will thus be seen that the main question in dispute in this case was whether