Judgement

Appeal (No. 42 of 1947) from a judgment and decree of the High Court (May 12, 1944) in a Letters Patent appeal, which affirmed two judgments and a decree of that High Court (July 16, 1942) which had set aside an order of the District Judge, Montgomery at Lahore (December 19, 1941) which in turn had reversed a judgment and decree of the Court of the Subordinate Judge, Montgomery (November 29, 1940), dismissing the appellants suit.

The following facts are taken from the judgment of the Judicial Committee. The parties in this appeal were Dadra Rajput, an agricultural tribe of the Montgomery District of the Punjab. The appeal arose out of a suit brought by the appellants in the Court of the Subordinate Judge, Montgomery, challenging the validity of a deed of gift, executed on December 17, 1938, by Mussammat Raj an, the first defendant, in favour of her grandson, the second defendant, who was the respondent in the appeal. The first defendant was the widow of one Amira, who died in or about the year 1913. The respondent was the son of a daughter of Amira and the first defendant. On the execution of the deed of gift the respondent applied for mutation of names in the records kep