GURJANT SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the plaintiffs against the judgment and decree passed by both the Courts-below vide which their suit for permanent injunction restraining the defendants from dispossessing them or interfering in their possession in respect of the land in dispute, has been dismissed.

(2.) Briefly stated, the facts of the case are that one Gujjar Singh was the owner of 300 bighas of land. He was having three sons and two daughters. In the year 1957, in a family settlement vide gift deed dated 9-11-1957, he gifted 250 bighas of land out of the aforesaid land to his sons and grandsons. Vide said gift deed. 1/3rd share of the gifted land was given to Surjit Singh (son), 1/3rd to Nachattar Singh (father of the plaintiffs) and 1/3rd to the grandsons Chand Singh and Mukand Singh son of Bhan Singh (predeceased son). On the basis of the aforesaid gift deed, a mutation bearing No. 238 dated 21-1-1958 (Ex. DD) was sanctioned in favour of the aforesaid persons regarding the land measuring 250 bighas, as per the share indicated above. The remaining 50 bighas of land was kept by the aforesaid Gujjar Singh for his own use. In the year 1966, Gujjar Singh gifted 72 bighas 17 biswas of agricultural land to his four grandsons, namely, Gurjant Singh, Bhagwant Singh, Kaur Singh and Amrik Singh, sons of Nachattar Singh vide registered gift deed dated 17-10-1966 Ex. PA. All the aforesaid persons, who are plaintiffs in the present suit, were minor at the time of the aforesaid gift. However, the gift deed was signed by their father Nachattar Singh being natural guardian on their behalf. In the year 1973, the aforesaid Gujjar Singh expired. In 1978, when the defendants, who are the sons, daughters and grandsons of Gujjar Singh, tried to interfere into the possession of the aforesaid donees (sons of Nachattar Singh), they filed the suit for permanent injunction restraining the defendants from dispossessing the plaintiffs or interfering in any manner in their possession regarding the suit land which was gifted to them by their grandfather vide registered gift deed dated 17-10-1966 (Ex. PA).

(3.) Only defendant Nos. 1, 3 and 6 contested the aforesaid suit. They admitted the inter se relationship of the plaintiffs and defendant with Gujjar Singh and his death in the year 1973. They also admitted the gift deed dated 9-11-1957 made by Gujjar Singh in favour of Surjit Singh. Nahattar Singh and the grandsons of Bhan Singh regarding 250 bighas of land. However, the gift made by Gujjar Singh in favour of the plaintiffs, on the basis of which the suit was filed, it was pleaded that the same was the result of fraud and undue influence exercised by Nachattar Singh over Gujjar Singh because the former was an old and feeble man and was under their influence for more than ten years before his death. It was pleaded that the alleged gift was never accepted by the plaintiffs or by anyone on their behalf. Further, they were not in possession of the land in question and the same remained in possession of Gujjar Singh till his death. It was further pleaded that Gujjar Singh was not competent to gift the land in question which was a coparcenary property. On the pleadings of the parties, the following issues were framed by the trial Court :