LAL CHAND Vs. DALIPA

JUDGEMENT

(1.) This second appeal is directed against the order of Shri G. S. Bedi, .District Judge, Gurdaspur and ex officio Additional District Judge, Hoshiarpur at Dharamsala, dated April 26, 1960, upholding the decree of the trial Court in respect of two thirds share in the property mentioned in the plaint and dismissing the appeal with costs

(2.) The bried facts are that one Shyama owned land measuring 168 kanals 15 marlas with a share in Shamalat as detailed in the plaint situate in Tikka Dhundia, Mauja Kotia, Tehsil Hamirpur. He had three sons, Kantu,Lakhu and Gopala. Kanthu died leaving Mt.Garibo as his widow. Lakhu had a son Dalipa who was the plaintiff in this case. Gopala died leaving a widow. Mt. Gango who was cited as 'a defendant in the case. Mt. Garibo widow of Kanthu also died in the year 1954 and the estate held by her came to be divided between Dalipa and Mt. Gango with the resalt that Mt. Gango came to possess one-third share of her deceased husband Gopala as well as one-half share of the estate of Mt. Garibo in the land of Shyama.

(3.) On May 18, 1957.Mt. Gango gifted her property in favour of her brothers Lal Chand and Barfi Kam. On November 11, 1957, Lal Chand sold a part of the property gifted to him in favour of Dilip Singh, Udham Singli and Ram Singh.