G. K. MITTER, K. N. WANCHOO, V. BHARGAVA
Sawan Ram – Appellant
Versus
Kalawanti – Respondent
Judgment
BHARGAVA, J. : One Ramji Dass died leaving behind a widow, Smt. Bhagwani. At the time of his death, he owned some land and a house. 4 bighas and 17 biswas of the land were mortgaged by Smt. Bhagwani on 2nd May, 1948 in favour of respondent No. 3, Babu Ram. Later, on 22nd August 1949, she executed a deed of gift in respect of the house and the land covering an area of 50 bighas and 14 biswas in favour of Smt. Kala wanti who was related to her as a grand-niece. Sawan Ram appellant instituted a suit for a declaration that both these alienation were without legal necessity and were not binding on him claiming that he was the nearest reversioner of Ramji Dass, being his collateral. In that suit, Smt. Bhagwani the donee, Smt. Kala Wanti, respondent No. 1, and the mortgagee, Babu Ram, respondent No. 3, were impleaded as defendants. That suit was decreed and Smt. Bhagwani went up in appeal to the High Court. During the pendency of the appeal, Smt. Bhagwani adopted respondent No. 2. Deep Chand, the son of Brahmanand and his wife, respondent No. 1. Smt. Kala Wanti. A deed of adoption was executed by her in that respect on 24th August 1959. The appeal was dismissed in spite of this ad
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