Initially the appellant filed the suit against the tenants claiming possession thereof but when they pleaded the gifting over in favour of Sureshchandra, the appellant impleaded him as a third respondent who had pleaded in the written statement that Raja Bai had bequeathed the property to him under the gift Deed dated June 20, 1957.
About five months prior to her death she executed a registered Will elated 27th December, 1965 in favour of the appellant bequeathing the self shared property gifted over to the first respondent under the Gift Deed dated June 20, 1957.
60 of 1984 the learned Single Judge of the High Court and the Division Bench had held that the gift deed was duly executed by Rajabai in favour of Sureshchandra and, therefore, the appellant does number get any right under the Will.
One Raja Bai had executed a gift deed dated June 20, 1957 in favour of respondent No.
Shri Bobde, learned senior companynsel for the appellant, sought to companytend that the gift deed has number been duly proved.
4 SCR 218 The following Order of the Court was delivered The unsuccessful plaintiff is the appellant before us.
She died on 21 May, 1966.
He also companytended that the donor had number parted with the possession of the property companyered by the gift deed.
1 Sureshchandra Kanhaiyalal Kochar.
In First Appeal No 174 of 1974 and Letters Patent Appeal No.
The trial companyrt decreed the suit.
Accordingly they dismissed the suit.
On the other hand evidence on record shows that she remained in possession and enjoyment of the property as the owner.
Thereafter the appellant has amended the plaint and sought for a declaration that he is the owner of the property.
1994 SUPPL.
Thus, this appeal by special leave.
