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1947 Supreme(Nagpur) 78

PADHYE
BHAGABAI W/O DALPAT – Appellant
Versus
GHANSHAMDAS S/O LOKHUSA – Respondent


JUDGMENT

Padhye, J—This is a second appeal by the plaintiff arising out of a suit for possession of field No. 11, area 2-73 acres of mauza Bhota tahsil Burhanpur. The suit was dismissed by the trial Court and that decree is upheld by the lower appellate Court.

2. The field in suit admittedly belonged to Dalpat of the village Bhota. In 1920 the plaintiff was a widow and Dalpat took a fancy to marry her by pat marriage. Dalpat had then a wife and children and he was also pretty advanced in age. The plaintiff and her brother were not, therefore, willing to accept the offer of Dalpat unless Dalpat transferred some property by way of gift to the plaintiff as a condition precedent to the pat marriage. Evidently the plaintiff wanted to make some provision for herself in the event of disagreement with or death; of Dalpat. Dalpat agreed to gift away the field; in suit to the plaintiff and he actually executed a gift deed on 15-3-1920 in plaintiff's favour. This gift deed was duly attested and registered and the gift was accepted by the plaintiff. According to the plaintiff she wa3 thus the been of the field in suit from 15-3-1920 and that she was also in possession thereof as owner all along











































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