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1953 Supreme(All) 201

RANDHIR SINGH
Union Bank Ltd. , Utraula – Appellant
Versus
Ram Rati – Respondent


Advocates:
Mohd. Ayub, for Appellant; S.N. Srivastava, for Respondent (No. 1).

JUDGMENT :- These two second appeals arise out of a single judgment and decree.

2. Sallar had two sons, Ram Harakh and Raghubar Dayal. Ram Harakh died leaving the plaintiff as his widow. Sallar was possessed of some immoveable property and it was alleged on behalf of the plaintiff that this property had been settled by a family settlement or partition in three equal shares in favour of Gangajali wife of Sallar, and the two sons of Sallar, Ram Harakh and Raghubar Dayal. Each of these three persons became owner of a third of the property of Sallar. On the death of Ram Harakh, his widow, the plaintiff, it was so alleged, agreed to marry Raghubar Dayal on the condition that he executed a gift deed of his property in her favour. The gift deed was executed on 20th February 1946 by Raghubar Dayal in favour of Ramrati in respect of his entire interest in the property. This deed was, however, not registered till 28th March 1946. In the meantime, on 26th February 1946, Raghubar Dayal executed a sale deed not only in respect of the one-third share in the property of the entire property of Sallar in favour of the Sallar which belonged to him, but in respect of Union Bank, Utraula.

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