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1912 Supreme(All) 393

BANERJI, HENRY RICHARDS
Beni Madho Singh – Appellant
Versus
Jagat Singh – Respondent


JUDGMENT

1. This is the plaintiffs' appeal in the suit out of which First Appeal No. 167 of 1910, decided by us yesterday, arose. The Court below has dismissed a part of the claim on the ground that Musammat Makhana Kunwar made a gift of the property of which she stood possessed in favour of Baldeo Singh, with the consent of the reversioners who were alive at the time of the gift, and the plaintiffs are not entitled to this property. As regards the property which passed to Chhab Nath Singh and from him to his daughter, Dulari Kunwar, the claim has been dismissed on the ground that the relinquishment alleged to have been made by Dulari Kunwar in favour of the plaintiffs and others was invalid, because, in the opinion of the learned Subordinate Judge, the deed was not properly registered inasmuch as it did not contain a sufficient and specific description of the property to which it related.

2. This appeal has been preferred by the plaintiffs in regard to the part of the claim which, as stated above, has been dismissed by the Court below. In our opinion, the appeal must prevail. No doubt, the transfer to Baldeo Singh by Musammat Makhana Kunwar must be deemed to be a gift. Bhawani Singh

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