The basis of claim in the suit was the gift deed dated 9th September, 1947 executed by Smt.
When gift deed was executed, the appellant was a minor aged 13 years.
The appellant is number disputing the claim of the respondent in respect of partition of remaining properties.
The properties were ancestral.
Mahadevi was issueless.
The donor purchased all properties from her brother on account of his helpless companyditions.
In the year 1936, the suit properties were sold by Ganapathi to his younger sister Mahadevi.
At that time, respondent was number born.
Both these companytentions have number found favour with the trial companyrt and the High Court.
She enjoyed properties from the year 1936 upto execution of the gift deed.
Mahadevi, younger sister of Ganapathi, father of the parties.
The donor was issueless.
K. Sabharwal, J. Parties are brothers.
The same properties were gifted under the gift deed in question.
The appellant was minor.
You have to enjoy and succeed to the property as your own.
The appellant defendant is the elder brother.
The sale was effected due to some helpless companyditions of Ganapathi.
The suit for partition and possession filed by the respondent claiming one half share in suit properties has been decreed by the trial companyrt.
The first appeal of the appellant has been dismissed by the High Court by the impugned judgment.
When the gift was made, the parents of the parties were alive.
The respondent plaintiff is the younger brother.
