CHARANJI LAL JAGANNATH ARORA Vs. INDER DEVI

JUDGEMENT

(1.) This is an appeal under Clause 10 of Letters Patent against the judgment of a learned Single Judge, dated 25th May, 1959, in Regular Second Appeal No. 1152 of 1957. To appreciate the points in controversy between the parties, it is necessary to advert to the facts of the case which, in brief, are as follows:

(2.) Ganesh Das was the head of the family to which the parties belong. He had two sons, Behari Lal, defendant No. 4, and Jagan Nath, father of Choranji Lal, Brij Lal and Kishan. Chand (defendants 1 to 3). Shrimati Inder Devi plaintiff- respondent is the wife of Behari Lal. They had a son Jagdish Chander who died in October, 1942.

(3.) Before the partition of the country, the parties were residing in district Montgomery, now in West Pakistan. Ganesh Das held 184 acres of land in village Malka Hans in district Montgomery. On 27th February, 1941, he excuted a gift of 531 kanals (65 acres) out of his landed Property in favour of his grandson, Jagdish Chandar, by means of the registered deed, Exhibit P-8, Subsequently, he made gift of some other portions of his landed property to his remaining grandsons, namely, the three appellants, Kishan Chand, Brij Lal and Choranji Lal.