GIRJA SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) This judgment will dispose of two appeals, one brought by Girja singh and the other by Munsha Singh and others, both being vendees, against appellate decrees of the Senior Subordinate Judge of Ambala, dated the 8th of July of 1950, reversing the decrees of the trial Court who had dismissed the plaintiffs' two suits for possession.

(2.) The last male-owner was Naraina, son of Sahib Ditta, on whose death the property was mutated in the name of his mother Mst. Nihali who in 1936 made a gift of this land in favour of her daughter Mst. Jiwi, the sister of Naraina.

(3.) On the 1st of February, 1948, Mst. Jiwi sold two areas of land (1) 14 bighas 7 biswas for Rs. 5,800 in favour of Munsha Singh and others and (2) 2 bighas 14 biswas for Rs. 1,100 in favour of Girja Singh. Two suits for declaration were brought by the sons of Mst. Jiwi challenging the sales on the ground that they were without consideration and necessity. As Mst. Jiwi died during pendency of the suits, the suits were converted from declaratory into suits for possession.