INDER SINGH Vs. CHHANO

JUDGEMENT

(1.) This is defendants' Regular Second Appeal, who even though in the matter of a suit filed against them by Smt. Chhano seeking possession of the land measuring 23 kanals 41/2 marlas might have succeeded inasmuch as the suit was dismissed by learned trial Court vide judgment and decree dated 30-5-1981, lost the matter in an appeal preferred by Smt. Chhano against the judgment and decree passed by learned trial Court, referred to above.

(2.) Brief facts of the case would reveal that Data Ram and Ganga Ram sons of Jag Ram owned the property in equal share. On the death of Data Ram, his son Jeeta inherited the same. Ganga Ram was married to Sunder. He died issueless. Property owned by him was inherited by his widow Sunder, who is stated to have died in the year 1945. On her demise, the share erstwhile owned by Ganga Ram was also inherited by Jeeta and on the death of Jeeta, his only son Sultan inherited the entire property. He made a sale of the land measuring 25 kanals 17 marlas for a consideration of Rs. 12,000/-in favour of the defendants vide sale deed dated 5-10-1971. Smt. Chhano filed a suit for declaration and possession seeking decree with regard to the land measuring 25 kanals 17 marlas, which was, however, ultimately decreed to the extent of 23 kanals 41/2 marias by, inter alia, pleading that Jeeta, her father-in-law, during his lifetime had gifted the property owned by him to the extent of 1/2 share to her whereas, remaining 1/2 share was gifted to Sultan by way of gift deed executed in the year 1962.

(3.) Defendant-appellants contested the suit on variety of grounds, as would be reflected from the issues that came to be framed by learned trial Court. Same read thus :