The relief was claimed on the footing that the plaintiff was
entitled to the Inam rights in the property in suit under a conveyance in his
favour dated the 18th of September 1911 by one right under a deed of gift in
favour of his father dated the 13th of October 1880. This deed of gift was
passed by the members of the Tambvekar family. The gift was described as a
'religious Agrahar Inain.' The land and the house described in the deed were
given by way of gift to the donee in these terms: "So you, your sons and
grandsons and succeeding generations should enjoy the said land and house and
ground &c. according to the deed of gift dated the 5th of the Sudha half of
Shravan in the Shake year 1801 and should live in peace at the holy place of
Markandeya otherwise known as Mouje Malkhed."
According to the
conditions of the gift the donee was bound to live in the village and that the
donee got a "limited interest, limited to specific purpose and liable to
be defeated on Ambekar (the donee) leaving the village of Malkhed and going to
reside elsewhere." It was found as a fact that Ambekar had left the
village at the time, when he conveyed the property in suit to the plaintiff,
and that the plaintiff acquired no title as his vendor had no subsisting title
at the time of the conveyance.
The Court has held that the condition with
the gift relating to residence is void and the gift will be taken as free from
any such condition and, therefore the sale by the done is valid. The Court
dismissed the plaintiff's suit.
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