NIRANJAN SINGH Vs. RAM NATH

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred by defendant No. 1, Niranjan Singh, against the judgment and decree dated 11.10.1980 whereby his appeal was dismissed by the Additional District Judge, Ambala, and the judgment and decree dated 19.8.1978 passed by Sub Judge II Class, Ambala City, decreeing the suit of the plaintiffs (respondent Nos. 1 to 5), was up-held.

(2.) BRIEFLY stated, the facts are that Sis Ram was the owner of the suit land measuring 41 Bighas 3 Biswas situated in village Ghagroo, District Ambala besides one house. He, on 23.10.1918, gifted the aforesaid property in favour of his wife, Smt. Bhagwani and his daughter, Smt. Bhagirthi. Admittedly, he had no son. S/Shri Kundan, Phundan and Chandu, predecessors-in-interest of respondent Nos. 1 to 5 (plaintiffs), third decree collaterals of Sis Ram, filed a suit and challenged the said gift on the ground that the suit land was ancestral qua them and Sis Ram and under custom Sis Ram was not competent to make a gift of the ancestral land in favour of his wife and daughter in the presence of third degree collaterals and it would not effect their reversionary rights after the death of Sis Ram. The said suit was compromised. Rs. 500/- were paid to Smt. Lillawati d/o Smt. Bhagirthi in the court and a decree for declaration was passed in favour of respondent Nos. 1 to 5 to the effect that the gift deed in favour of Smt. Bhagirthi and Smt. Bhagwani etc. would not effect their reversionary rights and they would remain in possession of the suit land for life and would enjoy the produce of the land. However, they would not have any right to alienate the suit land and after the death of Bhagwani and Bhagirthi, Kundan etc. would become owners of the suit land.

(3.) IT was next averred that in lieu of the half share of the land which was in possession of Smt. Bhagirthi on account of gift, she was allotted land measuring 38K-6M and 1/2 share of the land measuring 15K-19M situated in Village Chagroo as detailed in para No. 4 of the plaint during consolidation. However, Smt. Bhagirthi, vide registered sale deed dated 14.8.1958, sold the afore-mentioned suit land in favour of Niranjan Singh, appellant and respondents Nos. 6 to 8 i.e. Arjan Singh, Amjer Singh and Shamsher Singh. Ultimately, Smt. Bhagirthi died on 1.8.1970.