Plaintiff preferred a second appeal to the High Court of Jaipur and this time with success.
24 of Samvat 2005 Review modifying the Decree dated the 3rd March, 1949, of the High Court of the former Jaipur State in Civil Second Appeal No.
187 of Samvat 2004 against the Decree dated the 15th April, 1948, of the Court of the District Judge, Jaipur City, in Civil Appeal No.
40 of Samvat 2004 arising out of the Decree dated the 23rd August, 1947, of the Civil Judge, Jaipur City, in Suit No.
Appeal from the Judgment and Order dated the 5th April, 1950, of the High Court of Rajasthan at Jaipur in Case No.
April 9.
The Judgment of the Court was delivered by MEHR CHAND MAHAJAN C. J. This is an appeal from the judgment and decree of the High Court of Judicature of Rajasthan, dated the 5th April, 1950, modifying the decree of the High Court of the former Jaipur State, dated the 3rd March, 1949, on an application for review in a second appeal companycerning a suit for possession of property.
He expressed the opinion that the widow in executing the deed of gift was only acting as an execution of the oral will made by Ramchandra at his deathbed and that Laxmi got under this will an absolute estate in the suit property.
The High Court held that after the death of Laxmi the plaintiff companytinued in possession of the house till he was dispossessed by the defendant on the 5th of October, 1933, and that he was in possession even during her lifetime.
M. Bhandari, K. N. Aggarwala and R. N. Sachthey, with him for the respondent.
The defendant applied for a review of this judgment.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He was survived by his mother, Sheokori, his widow, Mst.
On appeal, this decision was affirmed by the District Judge.
The property in dispute originally belonged to one Ramchandra who died sonless in the year 1903.
4,000 to the defendant as companyts of improvements and repairs.
It is against this judgment and decree passed after the companying into force of the Constitution of India that the present appeal has been preferred to this Court by leave of the Rajasthan High Court under article 133 1 c of the Constitution.
Bhuri and Laxmi.
66 of Samvat 2002 .
Badni, and his two daughters,.
59 of 1953.
Dr. Bakshi Tek Chand, Rajinder Narain, with him for the appellant.
The plea of limitation raised by the defendant was negatived on the finding that the plaintiff was in possession of it within twelve years of the suit.
