JAGGE SINGH Vs. SAWAN SINGH

JUDGEMENT

(1.) DEFENDANTS are in appeal against the judgment and decree passed by the learned Additional District Judge, Jind granting decree for possession to the extent of 2/3rd share of Mewa Singh in favour of the plaintiff.

(2.) THE dispute is regarding the estate of Mewa Singh who died issueless. On 16.9.1980, Mewa Singh gifted his entire land measuring 99 kanals 9 Marlas in favour of grandson of Mohar Singh. Mohar Singh is the brother of Mewa Singh. Plaintiffs Sewa Singh and Jagta are two other brothers of Mewa Singh, who filed the present suit for possession alleging therein that the parties are agriculturist Jat Sikhs and are governed by customs of State of Punjab and Haryana wherein the agricultural land cannot be alienated without any legal necessity. The parties sustain themselves only on agricultural income and not on other source of income. To controvert such pleas, the defendants pleaded that the land is self-acquired property and Mewa Singh had a right to execute the gift deed. Defendants have also pleaded that for the services rendered, the deceased Mewa Singh executed the gift deed which cannot be disputed by the plaintiffs in the present suit.

(3.) BOTH the Courts have held that the gift deed dated 16.9.1980 was executed by deceased Mewa Singh. It is also found by the Courts below that such gift was executed on account of the services rendered by donee. However, the dispute between the parties is whether the parties are governed by custom and that there exists a custom prohibiting such alienation. Learned trial Court held that the parties are governed by custom and according to the general custom, gift of immovable property can be made in favour of one collateral excluding the other in lieu of the services rendered by him and thus dismissed the suit. However, in appeal the first Appellate Court has held that the defendants have not pleaded that the parties are governed by the custom in the matter of alienation and, thus, the defendants have failed to prove that there is a custom wherein gift in lieu of services rendered is permissible and consequently granted a decree to the extent of 2/3rd share of Mewa Singh in favour of the plaintiffs.