SMT. NARESH KUMARI Vs. SMT. CHAMELI

JUDGEMENT

(1.) The appellants / plaintiffs are before this Court against the judgement of the Punjab & Haryana High Court dtd. 20/8/2009, whereby the second appeal of the respondents / defendants was allowed and the concurrent decisions of the courts below, which had decreed the suit, were set aside.

(2.) Land measuring 38 Bighas 8 Biswas (hereinafter "suit land") was gifted by one Rai Bahadur Randhir Singh ("donor") to Sanwalia, Ratiram and Sheochand, all sons of one Chhailu ("donees") in 1953. The oral gift was duly executed and mutation was carried out in favour of the donees on 13/12/1953. The possession of this land was also given to the donees on 13/12/1953. Things remained peaceful, for 45 long years, then a suit was filed in the year 1998 for declaration and for possession, or more precisely for resumption of this property. The case of the plaintiffs was that they are the heirs of the erstwhile donor and that the suit land was gifted in lieu of the services, which had to be rendered by the donees and their heirs to the donor and his heirs lifelong. It was then asserted that since the defendants have stopped rendering these services and since the original donees have died anyway, the suit land should revert to the plaintiffs in terms of the gift condition.

(3.) The Trial Court, after hearing the parties, concluded that what was crucial was that the subject matter of the gift was only a life interest in suit land and since the services have been stopped, the land was liable to be reverted in favour of the plaintiffs. Consequently, the suit was held to be within time and as the plaintiffs' title was proved, the suit was decreed. The First Appellate Court agreed with these findings and dismissed the defendant's appeal!