MAHLI Vs. RANBIR SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High court of Punjab dismissing in limine the second appeal filed by Mst. Mahli, plaintiff, now appellant before us, against the decree of the Senior Subordinate Judge (with enhanced appellate powers) , dismissing the first appeal from the order and decree of the Subordinate Judge, III Glass, Rohtak, filed by the plaintiff and accepting the appeal filed by the respondents. The Trial court had decreed the suit of the plaintiff for possession of l/9th share of the land in dispute.

(2.) In order to appreciate the points debated before us it is necessary to set out the pedigree table and a few facts.

(3.) Chandgi owned fair amount of land in village Asan, Tehsil and District Rohtak. He was Jat by caste and governed by Punjab Customary Law. On 21/11/1954, he made an oral gift of 2/3rds of the land in favour of Ranbir Singh and Hoshiar Singh, his grandsons, his son Ram Sarup having died. Mutation was entered by the Patwari and submitted for sanction. The mutation was reviewed because this mutation had been "decided (after) the date of possession of land given vide mutation 1290 respecting repartition". This apparently has reference to repartition proceedings in consolidation proceedings. At any rate, the mutation regarding Tamlik (gift) of 2/3rd share measuring 205-7 Kanals of land, entered at Khewat No. 18, comprising 43 plots, measuring 308-1 Kanals, together with rights in Shamlat was sanctioned.