PARMODH SINGH Vs. LABH SINGH MEHAR SINGH

JUDGEMENT

(1.) This appeal is brought by defendant No. 2 Captain Parmodh Singh against an appellate decree of the Senior Subordinate Judge, Dharamsala, reversing the decree of the trial Court dismissing the plaintiffs' suit with costs.

(2.) The facts which have given rise to this appeal are that on 4-7-1928 one Gulaba obtained 19 'Kanals' 10 'Marias' by a compromise which was arrived at in original suit No. 78 decided on 18-7-1928 in the Court of the Senior Subordinate Judge, Dharamsala. This compromise is dated 4-7-1928 and one of its terms was that 19 Kanals 10 marlas was to be given, to Gulaba. The deed of compromise further recites:

(3.) In appeal it is contended that the transaction was not a gift at all and that it was really nothing more than a transfer, and reliance is placed on the following words in the deed of compromise: