MANGE Vs. DES RAJ

JUDGEMENT

(1.) THIS is a plaintiff's appeal from the judgment of the Additional District Judge gurgaon who reversing the decree of the trial Judge dismissed their suit for a declaration that they were owners of their suit land situated in village Deeghal in jhaijar Tehsil.

(2.) THE plaintiffs who are six in number are the descendants of Bahala son of mihan Ram to whom one-third of the land measuring 37 bighas and 6 biswas was donated by his collateral Hasti; the remaining two-third having been gifted to ganga Ram Majla and Jug Ram whose descendants the defendants are. . The gift deed (Exhibit P. 1) is a registered document of 30th of May, 1893, and the recitals of this document shown that the donor who was a resident of village Deeghal effectuated his intention of donating the land measuring 37 bighas and 6 biswas together with a house to his four relatives who are the ancestors of the parties. It was stated in this gift deed that Hasti had no other relations apart from these donees. Toward the end it was mentioned that if the donees who were residing in village Bhupania did not settle in Deeghal they would not be entitle dot alienate the property which he was transferring by way of slaw or mortgage. It was further mentioned in the gift deed that the donees had been given possession over the property which had been transferred to them in pursuance of Exhibit. A mutation transferring this land was sanctioned in favour of the transferees on the 10th of September, 1896, (Exhibit P. 2) in which it is stated that the donor hasti made a statement before the revenue authorities that the that the transferees Bahals. Ganga Ram Majla and Jug Ram had come to reside in Deeghal and the land should be shown to be in their possession. On the death of Hasti in february, 1904, Ramji Lal son of Bahala made a statement that his father alone out of the donees had settled in Deeghal and the other transferees should be shown as absentee the other transferees should be shown as absentee landlords. This request however was not acceded to tanned all the donees were shown owners of the land which had been gifted to them by Hasti in the mutation Exhibit p. 3 of 27th of June, 1904,. On the basis of the statement made by Ramji Lal and the mortgages on the land having been redeemed by him and his successor Prithi it has been asserted by the plaintiffs that their ancestors alone having settled in village Deeghal are entitled to the exclusive possession of the land gifted to Bahala to the exclusion of the other donee-collaterals. The precise grounds on which the declaration is sought are enumerated in the four clauses of paragraph 8 of the plaint these being:-

(3.) THESE overt acts in the assertion of the plaintiffs constitute an ouster and entitle the plaintiffs to claim the land as proprietors. The plaintiffs furthers asserted that even the land of Hasti not gifted by him had also been redeemed by their ancestors even though the defendants had been shown to be the ancestors even thought the defendants had been shown to be the owners in the revenue records in accordance with the shares allocated in Exhibit P. 1. The immediate cause of action as stated in the plaint was the assertion of the defendants to obtain possession of their shares in consolidation proceedings which had been going on in village Deeghal for some years. The pleas raised in the plaint files on 29th of December, 1960, were traversed by the defendants and the following issues were struck by the trial Judge:--