DHANI RAM Vs. KARAM CHAND

JUDGEMENT

(1.) This regular second appeal filed by Dhani Ram defendant is directed against the judgment and decree of learned Senior Subordinate Judge, Hoshiarpur, affirming on appeal the decision of the trial Court whereby a decree for possession of and measuring 42 Kanals 18 Marias was granted in favour of Karam Chand plaintilf. A decree for declaration was also granted in favour of the plaintiff that the gift deed dated May 3,1857 executed by Shrimati Udnai, defendant N0.2, in favour of Dhani Ram defendant No. 1, in respect of land measuring 21 Kanals 10 Marias, would not affect the reversionary rights of the plaintiff after the death of Udmi.

(2.) Following pedigree table would be helpful in appreciating the point of controversy between the parties : Uatar Singh Sbyama Nihala Karam Chand Faqir Chand (plaintiff) (Defendant No. 4) Inder Singh Amar Singh (Widow (Widow Gian Devi Udmi Defendant Defendant No. 3) No. 2) Nihala owned about 85 Kanals 17 Marias of agricultural land. Nihala died on April 8, 1946 and thereupon his land was mutated on June 20, 1947 in favour of his daughters-in-law, Gian Devi and Udmi, in equal shares because their husbands, Inder Singh and Amar Singh, had died during the lifetime of Nihala. Gian Devi executed a deed of surrender in respect of her one-half share in the estate of Nihala in favour of Karam Chand and Faqir Chand. Udmi thereupon filed a suit for preemption on the allegation that the deed of surrender was in fact a deed of sale. In that suit there was a compromise between the parties on November 1, 1952 and a decree for possession of one-half of the ]and, which was the subject matter of the deed of surrender i. e. about 21 Kanals 10 Marias, was awarded in favour of Udmi, One of the terms of compromise was that Udmi was to remain in possession of the Sand obtained as a result of compromise for her lifetime and that she would not be entitled to alienate it without legal necessity. On May 3. 1967 Udmi executed a deed of gift in respect of the land in suit measuring 61 Kanals 7 Marias in favour of Dhani Ram defendent No. 1. It is the common case of the parties that 42 Kanals 18 Marias out of the gifted land had been inherited by Udmi on the death of Nihala and the remaining land masuring 21 Kanals 10 Marias was the same which had been obtained by her as a result of compromise in the suit for preemption. On October 11, 1957 Karam Chand brought the present suit for possession of 42 Kanals 18 Marias of land and for a declaration that the gift dated May 3, 1957 made by Udmi defendant No. 2 in favour of Dhani Ram defendant No. 1 in respect of 21 Kanals 10 Marias of land would not affect the reversionary rights of the plaintiff after the death of defendant No. 2. According to the allegations of the plaintiff, the parties were governed by Hindu Law and the land in suit was Joint Hindu family property of Nihala. Nihala was stated to be the last coparcener and on his death, according to the plaintiff, he and his brother, Faqir Chand defendant No. 4 were entitled to inherit the land in dispute in preference to Nihala's daughters-in-law, Gian Devi and Udmi, it was further pleaded, was not competent to make a gift of the land in dispute in favour of Dhani Ram.

(3.) The suit was resisted by Dhani Ram defendant who pleaded that Udmi Udmi was full owner of the land in suit and was competent to make a gift of it. The parties, it was further averred, were governed by Customary Law.