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1932 Supreme(All) 67

MUKERJI
Mt. Kishun Piyari – Appellant
Versus
Gopal Narain – Respondent


JUDGMENT

Mukerji, J. - The appeal was originally filed by two ladies Kishun Piari and Sundar Kishen Piari has died, and nobody has been brought on the record in her place. So the appeal has abated to that extent. The other appellant is Mt. Sunder, and her contention is that she has a right of residence in the property ordered to be sold, and we have to consider how far this contention is correct.

2. The fasts appear to be these. Bishun Lal, defendant 1, is related to the other defendants in this way His wife was Kamdebi by whom Bishuu Lal has a daughter Mt. Kamla, defendant 2. Mt. Kiahen Piari, the deceased appellant and defendant 3, was the sister of Bishan Lal. Defendant 4, Mt. Sundar, is the mother o Biahen Ll. Bishan Lal mortgaged the house in question for a sum of Bs. 5,000 in favour of the plaintiff by the mortgage of 2nd March 1929. Then he made a gift of the house in favour of his wife, hi-3 sister and mother. Thereafter, concealing the fast that ha had made a gift; of the property, Bishun Lal borrowed further money on promissory note? from the plaintiff. It was eventually agree that for the further advance of Rs. 1,400 Bishun Lal, his mother, his sister and his wife should g

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