Matto vs Fattu - 1937 Supreme(Lah) 306

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Lah) 306

TEK CHAND
Matto – Appellant
Versus
Fattu – Respondent

JUDGMENT

Tek Chand, J. - The property in dispute, which consists of agricultural land, 137 kanals 18 marlas in area, belonged originally to one Gur Sahai, a Ghirth of Tikka Kaloha in Dehra tahsil Kangra District. Gur Sahai died sonless, leaving a widow Mt. Matto, plaintiff-appellant, and a daughter. On Gur Sahai's death Mt. Matto succeeded to his property on the usual widow's life estate. On 23rd February 1915, Mt. Matto appeared before the village patwari and reported that, about a year before, she had gifted the land to her son-in-law Shibbu, who was in possession since Rabi 1915. There was no mention in the report that the gift was in any way conditional. The mutation was sanctioned by the revenue officer on 19th March 1915, who stated that the donee Shibbu was in actual possession and incidentally mentioned that he rendered services to the widow and agreed to do so in future.

2. The donee Shibbu died sometime in 1922 and the land devolved on his minor son Malhu. Malhu died without issue or widow in 1930. The daughter of Mt. Matto had predeceased Malhu; the exact date of her death is not clear on the record. On Malhu's death mutation was effected in favour of the defendants who ar

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