OM PARKASH Vs. SARJO

JUDGEMENT

(1.) THE appellants challenge judgments and decrees dated 29.09.1987 and 16.08.1989, passed by the Additional Senior Sub Judge, Rohtak and the Additional District Judge -II, Rohtak, respectively, dismissing their suit and their appeal. The facts of the case, in brief, are that the appellants filed a suit for possession, essentially based upon a plea that registered gift deed, dated 11.04.1969, executed by Kanhiya Lal in favour of Sarjo wife of Ganga Dutt, is null and void, as land, subject matter of the gift deed is ancestral property and, therefore, the gift deed violates an existing custom.

(2.) SARJO and other defendants, put in appearance, admitted that the land is ancestral but pleaded that the suit was grossly barred by limitation having been filed on 06.03.1982 to challenge registered gift deed dated 11.04.1969. It was also pleaded that Kanhiya had no child and his wife had pre -deceased him. He was living with Ganga Dutt husband of Sarjo. Sarjo served Kanhiya to the best of her abilities. Kanhiya, therefore, executed a gift deed of his property in favour of Sarjo. The trial Court framed the following issues: -

(3.) WHETHER Kanhiya made a gift of the disputed property in favour of Smt. Sarjo -defendant? OPD