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1940 Supreme(All) 35

GANGA NATH
Gulab Devi – Appellant
Versus
Banwari Lal – Respondent


JUDGMENT

Ganga Nath, J. - This is a plaintiff's appeal and arises out of a suit brought by her against the defendants-respondents for possession of the property described in the plaint. The property in dispute belonged to the plaintiff's brother, Nihal Singh. On his death, his widow Mt. Mansa succeeded to it. She died in 1935, and Mt. Gulab Dei, plaintiff, succeeded to it. Mt. Bishan Dei was Mt. Gulab Dei's daughter. Mt. Mansa executed a deed of gift in favour of defendants 1 to 3 in respect of a portion of the property in dispute and a mortgage in favour of defendant 4 in respect of the other portion to borrow money for the purpose of performing 'bhat' ceremony on the occasion of the marriage of Mt. Bishan Dei. The plaintiff's case was that Mt. Mansa had no right to execute these deeds and they were not binding on her. Defendant 4 contended that the mortgage was executed by Mt. Mansa for a legal necessity. Defendants 1 to 3 also contended that Mt. Mansa had a right to execute the deed of gift. The trial Court found in favour of the plaintiff and decreed the suit. Defendants 1 to 3 submitted to the decree and did not appeal. Defendant 4 went up in appeal. The learned Civil Judge fou

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