MAJOR PYARA SINGH SARANG Vs. TARLOK SINGH

JUDGEMENT

(1.) The plaintiffs appellants have filed this appeal against the judgment and decree of the Senior Sub Judge, Jullundur, with enhanced appellate powers dated the 5th February, 1975, whereby the decree of the trial Court in favour of the plaintiffs was set aside and their suit was dismissed.

(2.) Balbir Singh was the last male holder of the suit property. He died on 28th January, 1968. During his lifetime, he gifted away the suit property to his son Tarlok Singh defendant, vide registered gift deed, Exhibit D.1, dated the 5th October, 1967. Balbir Singh had five sons, namely, Pyara Singh, Santokh Singh, Tarlok Singh, Wazir Singh and Amir Singh. Wazir Singh and Amir Singh had died during the lifetime of their father Balbir Singh. On the strength of this gift-deed, mutation was sanctioned in favour of Tarlok Singh on 8th January, 1968, i.e. during the life time of Balbir Singh. Major Pyara Singh, Santokh Singh and Parkash Kaur, widow of Wazir Singh (predeceased son), filed the present suit for possession on 20th March, 1968, with the allegation that the parties were governed by customary law and the suit property being ancestral in the hands of Balbir Singh deceased, he was not competent to alienate the same in favour of his son Tarlok Singh depriving his other sons and the widows of the predeceased sons. The suit was contested by defendant Tarlok Singh. On the pleadings of the parties, the trial Court framed the following issues :-

(3.) Shri H.L. Sibal, Senior Advocate, learned counsel for the appellants contended that, in view of Exhibit PA dated the 15th April, 1968, a letter written by Tarlok Singh to his brother Santokh Singh, the finding of the lower appellate Court holding the gift to be a valid one, is vitiated. In any case, the conclusion arrived at by the lower appellate Court is perverse and, thus this Court can go into the matter in second appeal. He further contended that there is no explanation in the gift deed for depriving the other sons and the widows of the predeceased sons by the donor Balbir Singh. He further contended that the donor was suffering from "Sangrahni" disease and, therefore, he was not in a sound disposing mind at the time of the execution of the gift-deed. According to the learned counsel, there is no difference between the Will and the gift and the circumstances under which a Will could not be held to be a valid one, will equally apply in the case of a gift as well.