GURDIT SINGH Vs. BABU

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against an appellate decree of District Judge M. R. Bhatia dated 3-8-1948, confirming the decree of the trial Court, whereby the suit of the plaintiffs was dismissed.

(2.) THE plaintiffs in this case are the collaterals of one Amrika who in 1879 made a gift of the property in dispute in favour of his 'pichhlag son Fauja. This gift was objected to by the collaterals of Amrika but in the revenue department a compromise was arrived at between amrika, Fauja and the then existing collaterals that the donee or his descendants will have no right to effect a sale or mortgage of the land and that they will be entitled only to its usufruct. In 1935 the descendants of Fauja made an exchange of a portion of the land which was challenged by the collaterals, but the exchange was upheld by the High Court by Judgment dated 9-7-1943, as the exchange was neither a sale nor a mortgage.

(3.) ON 31-871944 the descendants of Fauja mortgaged a portion of the land and the collaterals challenged this alienation and sued for possession of the whole of the land gifted on the ground that there was a breach of the terms of the compromise. Both the Courts below dismissed this suit holding that such a condition which was imposed in the gift was contrary to Section 10, T. P. Act and was void. The plaintiffs have come up in appeal to this Court.