BHAG MAL Vs. MUNSHI

JUDGEMENT

(1.) Interpretation of the provisions of the Punjab Limitation (Custom) Act, 1920 falls for our consideration in this appeal which arises out of a judgment and decree dated 2.5.1997 passed by a learned Single Judge of the Punjab and Haryana High Court in RSA No.1951/79 reversing the judgment and decree dated 26.3.1979 whereby affirming the judgment and decree passed by the Subordinate Judge (Second Class), Gurgaon dated 4.11.1978 decreeing the suit of the appellants herein in possession of 1102/1615 share of the agricultural land as specified in para no.1 of the plaint, was affirmed.

(2.) The fact of the matter is not in dispute. Appellants are sons of one Sher Singh. Sher Singh alienated the suit property to one Bansi by a registered deed of sale dated 24.7.1953. The legality or validity of the said deed of sale came to be questioned, inter alia, on the premise that the same had been executed without any consideration and legal necessity by the appellants herein, who are the legal heirs and representatives of the said Sher Singh by filing a suit. The said suit was dismissed. However, on an appeal preferred thereagainst by the appellants, the same was decreed by a judgment and decree dated 11.4.1969. A Second Appeal thereagainst was preferred by the respondents herein before the High Court which was marked as RSA 1121 of 1969.

(3.) Sher Singh died during the pendency of the Second Appeal on 25.2.1973. Bansi also died during the pendency thereof on 4.10.1976.