LAWS(P&H)-1984-2-161

RAM SARUP Vs. SUNDER

Decided On February 27, 1984
RAM SARUP Appellant
V/S
SUNDER Respondents

JUDGEMENT

(1.) In order to appreciate the controversy, the following pedigree table would be helpful :

(2.) On 9th and 16th March, 1973 Sunder created mortgages in the sum of Rs. 4000/- and Rs. 8000/- respectively in respect of two separate pieces of his land. On 31st March, 1973 he made a gift of his entire land including mortgaged land in favour of Kulwant Singh and Jaswant Singh. On 22nd May, 1973 Ram Saroop filed suit No. 151, copy of plaint is Exhibit P.6, for setting aside gift dated 31st March, 1973 on the plea that the property which was subject matter of the gift was Joint Hindu Family property belonging to Sunder and his descendants including the plaintiff and hence Sunder is Karta has no right to make the gift.

(3.) Since Ram Saroop threatened to enter into forcible possession of the gifted land, Kulwant Singh and Jaswant Singh filed another suit for permanent injunction to restrain Ram Saroop from interfering in their peaceful possession. The donees specifically pleaded that Sunder was the exclusive owner of the property and it did not belong to Joint Hindu Family, and, therefore, gift made by him was valid and they were the exclusive owners. In spite of these pleas, on 15th November, 1975 Ram Saroop withdrew his suit. Even the other plaintiffs Kulwant Singh and Jaswant Singh also withdrew the suit. Both the suits were withdrawn without permission to file fresh suits on the same causes of action.