N KHOSLA Vs. RAJLAKSHMI

JUDGEMENT

(1.) Dewan Niranjan Prasad was ex-Minister and a retired Senior Judge of the High Court of Patiala. He had an ancestral kothi known as Nishkam situated at 23, Bhupender Nagar Road, Patiala, Punjab. He had two sons, namely - Sh. K. J. Khosla and Sh. N. Khosla and three daughters namely Smt. Rajlakshmi (respondent No. 1 herein whose appeal stands abated), Smt. Nirmala and Smt. Saraswati. Since the kothi was an ancestral property, Dewan Niranjan Prasad and his two sons were the coparceners.

(2.) On 14-10-1956, Dewan Niranjan Prasad had gifted three plots of land forming part of the kothi in its rear portion to his three daughters with the consent of his wife - Smt. Amar Devi and his two sons. The said gift was duly recorded in the family year book known as "Dussehra Bahi." The said gift was conditional and the condition was that the beneficiaries would construct houses on the gifted plots and shall reside there. The said gift of plots to his three daughters was affirmed by Dewan Niranjan Prasad through a registered deed on 10-6-1961. However, possession was not delivered. In 1966 Smt. Saraswati died and was survived by her husband B.S. Talwani and sons, respondent No. 3.

(3.) As none of the three daughters, to whom the plots were gifted, took possession and constructed the houses, Dewan Niranjan Prasad revoked the Gift Deed and resumed the plots with the express consent of his daughters, Smt. Rajlakshmi, Smt. Nirmala and Sh. B. S. Talwani - husband of late Smt. Saraswati and paid Rs. 10,000/- to each of them in lieu of the said plots. Receipt of the amount as consideration for resumption of the said plots was also duly acknowledged by each of the beneficiaries. Thereafter, Dewan Niranjan Prasad partitioned the entire property "Nishkam" (including the plots earlier gifted to his daughters and then resumed by him) by allotting separate shares to his two sons, namely, S/Sh.K.J. Khosla and N. Khosla. The oral partition was recorded in writing in the memo of partition dated 6-12-1974. Dewan Niranjan Prasad died on 15-1-1975 leaving behind his two sons, two daughters and legal heirs of late Smt. Saraswati.