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PETITIONER: MST. KIRPAL KAUR
Vs.
RESPONDENT: BACHAN SINGH AND OTHERS
DATE OF JUDGMENT: 15/11/1957
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER
CITATION: 1958 AIR 199 1958 SCR 950
ACT: Adverse possession-Hindu Jat widow in possession as full owner-Life estate by subsequent agreement with collaterals- Agreement not registered-If admissible in evidence-lndian Registration Act, 1908 (XVI of 1908), s. 49.
HEADNOTE: On the death of R, a Hindu jat, in April or May, 1920, the widow of his pre-deceased son, H, took possession of the properties and on August 24, 1920, obtained a mutation of the settlement records showing her as the owner of the lands in the place of R. A gift of half of the properties by H to her daughter K 949 gave rise to disputes between them and the collaterals but the matter was settled on H executing a document on February 6, 1932, whereby, inter alia, she agreed that the lands would belong to her for her life and after her death to her daughter for the latter’s life and that none of them would be entitled to sell or mortgage the lands. The document, however, was not registered. In 1939 H made a gift of the entire lands to K who obtained a mutation of the settlement r...