Judgement

Appeal (No. 15 of 1928) from a decree of the High Court (February 19, 1925) reversing a decree of the Subordinate Judge of Agra (February 8, 1922).

The suit was brought by Mst. Munni Bibi, the appellant, since deceased, against the respondent for possession of a house at Agra, the title to which had been in dispute between the parties and their respective predecessors for many years. The defendants and their predecessors claimed title under a deed of gift made in 1864 by Joti Prasad to his wife Mukandi. The plaintiffs title rested upon the contention that the gift had not been completed and that upon a partition after Joti Prasads death the house had been allotted to his son Amar Nath. In a suit brought in 1893 Kashi, Mukandis daughter, had obtained a decree for possession against the widow of Amar Nath. In 1909 the holder of a decree against Amar Nath, then deceased, sued for a declaration that he was entitled to attach and sell the house in execution ; he made Munni Bibi, the daughter of Amar Nath, and Kashi, the daughter of Mukandi, defendants. He obtained a decree on appeal, it being held that the decree of 1893 in favour of Kashi had been obtained by collusion. In th