Balmakund v. Bhagwan Das

Knox and Burkitt, JJ.:— In the suit out of which this second appeal arises the plaintiff was one Bhagwan Dais. He is now respondent before us. Bhagwan Das prayed for possession to be delivered to him over a house in the city of Cawnpore, which he claimed by virtue of a registered deed in his favour executed by one Musammat Gyaha, who, at the time she executed the deed, was admittedly owner and in possession. The appellant before us is one Balmakund, who claims to be entitled to the house on allegations (1) that he was adopted by one Nonid; husband of Musammat Gyana, and (2) that he is the reversioner after Gyana's death to Nonid's property, as being grandson of the own brother of Nonid. It has been found as a fact that he was never adopted, and it has also been found that the house in dispute was never the property of Nonid, but was acquired by Gyana from her own funds eight or nine years after Nonid's death. The deed of gift was a registered deed and is produced by the respondent, the donee. The only point that the appellant raises before us is that as the donee, according to him, did not obtain possession under the deed of gift, and has not obtained it until now, the deed of gift is ineffectual to transmit title. The fact that the deed of gift comes out of the hands of the donee [186] and is in his possession is evidence that he accepted the gift. That being the case, the facts of the appeal before us are virtually the same as those which were before this Court in the case of Man Bhari v. Naunidh(1). The delivery to the donee of the deed of gift was sufficient to pass title to him. The plea raised before us fails. The appeal is dismissed with costs.

Appeal dismissed.