AMIN LAL Vs. OM PARKASH

JUDGEMENT

(1.) PLAINTIFF appellants have come up in this Regular Second Appeal against the judgment and decree dated November 3, 1979 of the first Appellate Court affirming the findings recorded by the trial Court resulting in the dismissal of the suit.

(2.) RAM Rikh, deceased legally represented by the appellants filed a suit for declaration that the impugned gift deed dated June 3, 1966 (Ex. D 1) executed by defendant Hira (since deceased) in favour of Suraj Bhan (since deceased) legally represented by the respondents was null and void and not binding on his rights and for mandatory injunction to restrain Suraj Bhan defendant from interfering in his ownership and possession over the land in suit. In the alternative, the plaintiff sought the relief for possession of the suit land It. is alleged by the plaintiff that the suit land was ancestral in nature and the parties being governed by custom in the matter of succession and alienation, Hira defendant was not competent to gift away the suit land to Suraj Bhan, defendant respondent, who is his sister's son.

(3.) THE suit was contested by defendant-respondent Sursj Bhan who inter alia pleaded that the plaintiff was not the collateral of the donor Hira within 5th degree and as such he had no locus standi to challenge the gift deed made in his favour by said Hira. He further agreed that the suit property was not ancestral and the same was gifted away by Hira in lieu of the services rendered by him and that be was in possession of the suit land