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3. The suit was contested by the appellant, who denied the gift set UD by the respondent. It was also denied by him that the suit 'Kotha' was occupied by him under the permission of the respondent and the appellant pleaded that the gift was void as its object was past cohabitation, which was immoral and further that the suit 'Kotha' and the entire house of which it was a part had devolved upon him as a heir of Gopal Lal.

4. After framing necessary issues and recording evidence, the learned Munsiff; Jaipur City (East), by his judgment, dated October 13. 1961 decreed the respondent's suit for possession of the suit 'Kotha' and also granted a decree for Rs. 68/- on account of mesne profits. The appellant filed first appeal to the District Judge, Jaipur City, who transferred it for disposal in accordance with law to the Senior Civil Judge No. 2, Jaipur City, who allowed the appeal of the appellant, set aside the judgment and decree of the trial Court and dismissed the respondent's suit by his judgment, dated October 12. 1964. Aggrieved against the aforesaid judgment, and decree of the first appellate court, the respondent, Smt. Narayani, filed a second appeal in this Court. The learned single Judge of Court allowed the appeal of the respondent, set aside the judgment of the first appellate court and restored that of the trial Court. The defendant-appellant has preferred this civil special appeal in this court.

11. The proposition that if the consideration or object of the gift is held to be the past cohabitation, the gift would not be void as being immoral or opposed to public policy, is so well settled that it hardly needs any reference to any decided case. But it will suffice to refer to Dwarampudi Nagaratnamba v. Kunuku Ramayya, AIR 1968 SC 253 wherein it has been held that past services as a concubine could not be treated under Section 2 (d) of the Indian Contract Act as a subsisting consideration for his subsequent promise to transfer the properties by paramour to his concubine Similarly, the proposition that if the object of the gift is held to be future cohabitation the gift would be void as being immoral or opposed to public policy is settled. Mr. Rastogi. learned counsel for the appellant, has no quarrel with either of the two aforesaid propositions of law. His contention is that because the past cohabitation between Gopal Lal and Smt. Narayani amounted to adulterous intercourse which is an offence under Section 497 L P. C. the object of the gift was forbidden by law and at any rate was such which the Court regards immoral or opposed to public policy and as such it is void under Section 23 of the Contract Act Thus, according to the learned counsel cases where the consideration or object Of the gift is such past cohabitation which is adulterous intercourse and as such an offence under Section 497 I- P. C. have to be distinguished from those cases where the consideration or object of the gift is only past cohabitation not amounting to an offence. In support of his submission Mr. Ragtogi, learned counsel for the appellant, has made a reference to Manicka Gounder v. Muniammal, AIR 1968 Mad 392 and Mst. Mahatab-un-Nissa v. Rifaqat Ullah. AIR 1925 All 474. In Manicka's case (supra) the consideration for the agreement Ex. A. 1, a promissory note, was past cohabitation amounting to adulterous intercourse. In para 9 the learned Judge observed as follows: