DALJIT SINGH ALIAS DALJIT Vs. TULLA RAM

JUDGEMENT

(1.) This is a second appeal by the defendants from the judgment and decree of the Additional District Judge, Gurgaon, dismissing the appeal from the decree of the Senior Subordinate Judge, Gurgaon decreeing the plaintiff suit for possession of the allegation that the gift made by Duli Chand on 28th May, 1951 in favour of the defendants was contrary to custom and, therefore void as against the plaintiff. The defendants contested the suit urging that Duli Chand was their father and the gift was, therefore, valid and binding on the plaintiffs. The trial Court framed the following issues on the pleadings :-

(2.) It appears that in another proceeding in which a gift made by Tulla Ram plaintiff in favour of his daughter was contested, this Court held that Daljit, Bed Rem and Kanwal Singh (the three defendants in the present litigation) were not proved to be the sons of Duli Chand and that they were the sons of Sher Singh and, therefore, not entitled to challenge the gift by Tulla Ram in favour of his daughter.

(3.) The trial Court held the land to be ancestral and the earlier judgment to be conclusive with the result that the donees in the present case were held not to be the sons of Duli Chand. On these findings the gift was held to be bad as against the plaintiff and his suit was accordingly decreed.