GURDAS RAM Vs. SUKHDEVI

JUDGEMENT

(1.) GURDAS Ram defendant No. 1 (appellant herein) has filed the instant Regular second Appeal against the judgment and decree passed by both the Courts below, vide which suit of Gian Chand plaintiff (whose legal representatives are respondents No. 1 and 2 herein) for possession of the land in question was decreed and the suit qua possession of the house and Taur in question was dismissed.

(2.) GIAN Chand and one Punnu Ram were the real brothers. They inherited 89 kanals 14 Marlas of land from their father Mayyia Singh. The said land was the Hindu ancestral property in the hand of Mayyia Singh and both the aforesaid persons succeeded to the said property from their father by survivorship under the Hindu Law. Punnu Ram was bachelor and blind. Vide registered gift deed dated 15.2.1974, Punnu Ram transferred his half share in the aforesaid property including one house and Taur owned by Mayyia Singh in favour of the appellant Gurdas Ram. The plaintiff Gian Chand challenged the aforesaid gift deed in favour of the appellant by filing the instant suit and claimed possession of the land, house and Taur mentioned in the plaint.

(3.) THE appellant contested the aforesaid suit by alleging that Gian Chand and Punnu Ram neither constituted any Joint Hindu Family not the property in question was their coparcenary property in any manner. It was further pleaded that both the brothers were Rajputs by caste which was predominantly an agricultural tribe of District Hoshiarpur and was being governed by custom. It was pleaded that the property which was gifted to him by Punnu Ram was his individual property, of which he was absolute owner and was fully competent to alienate the same by way of gift to him.