SHIV DASS Vs. DEVKI

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the Single Judge of the Punjab and Haryana High court made in RSA No. 295 of 1968 dated 14/2/1978. The property belongs to one Mela Ram who left behind him his mother, Radha. The suit property consists of:

(2.) Radha, by a deed of gift dated 28/2/1922, gifted the property Items 1, 2 and 3 to her grandson by name Shiv Dass, the appellant herein, son of Durga Devi, one of the two daughters of Radha. She also bequeathed Item 4 by a will, Ex. D-2. It would appear that the collaterals had challenged the gift which was the subject-matter of the decision of the division bench of the Lahore High court in Shib Das v. Nand Lal. The High court held that the grandson ofradha had a preferential claim over the collaterals as a reversioner and, therefore, by operation of Punjab Act 2 of 1929, gift of the property to him was held to be valid.

(3.) It would appear that mother of Shiv Dass died in 1924. Radha died on 21/12/1960. Devki Devi, other daughter of Radha, filed the suit for declaration on 12/3/1965, that the gift deed dated 28/2/1922 was invalid and inoperative; so were the alienations made by Shiv Dass, which did not bind her. The trial court decreed the suit in 1967. On appeal, the Additional District Judge, by judgment and decree dated 3/2/1968, affirmed the decree of the trial court and dismissed both the appeals of the appellant as also of Devki Devi. The second appeal was dismissed. Thus this appeal by special leave.