JAGIR SINGH Vs. BABOO SINGH

JUDGEMENT

(1.) This appeal has been filed by defendants Nos. 1 and 2 against the judgment and decree of the District Judge, Hoshiarpur, dated 5th Jan., 1971, affirming the judgment of the trial Court.

(2.) Briefly, the facts are that Narain had three daughters, namely, Smt. Nami, Smt. Parmeshwari and Smt. Chinti, and no male issue. He gifted the property in dispute in favour of the three daughters and the mutation was sanctioned in their favour on 16th July, 1919. Tara Singh and Bachitter Singh, near collaterals of Narain, filed a usual declaratory suit challenging the gift. It was dismissed by the trial Court. The collaterals went up in appeal before the District Judge where the compromise was arrived at between the parties, according to which the appeal was allowed and a decree for declaration was granted to the effect that the gift would not affect the reversionary rights of the plaintiffs after the death of Narain donor in respect of half of the land gifted and in respect of the other half, the donees would have no power of alienation and it would revert to the plaintiffs on the death or remarriage of the last survivor of the three daughters.

(3.) Narain died somewhere in 1927-28 and after his death the two plaintiffs in that suit, namely, Tara Singh and Bachitter Singh took possession of half of his property from the daughters. The other half of the property, after the death of Smt. Parmeshwari and Smt. Chinti, came to Smt. Nami. She gifted the same vide registered gift-deed to her grandson Jagir Singh on 28th Aug., 1965. The plaintiffs filed the present suit for declaration to the effect that the gift, in view of the earlier decree, was invalid and not binding on them.