BASANT SINGH Vs. MAHA SINGH AND ANR

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment of the Trial Court dated 20.9.1983 and that of the Appellate Court dated 26.7.1984. The father of the appellant is said to have executed a registered gift deed on 22.1.1957 which was registered on 17.2.1957 giving half share to Mehtab Singh arrayed as defendant No. 2 and another half share to the appellant. This property was leased out by Mehtab Singh in favour of Maha singh arrayed as defendant No. 1 for a period of 99 years for a consideration of Rs. 5,000/- which lease deed was executed on 24.6.1976. The appellant then questioned the said lease deed by filing the instant suit in the year 1979 and contended that he discovered the mistake in the recital of the gift deed and the entire khasra No. 4556/2101 was never intended to be a part of the gift deed.

(2.) The suit was resisted by the respondent who pleaded that the gift deed validly executed by their father and that second lease deed was validly executed in favour of Maha Singh. Both the Courts concluded that the gift deed was validly executed in the year 1957 and for the reason that the appellant had chosen to question the gift deed in the year 1979 much belatedly the suit was barred by limitation and thus dismissed the suit.

(3.) In the instant appeal, the findings of the Courts below have been questioned on the ground that the findings are patently perverse and are, thus, liable to be set aside.