GURMUKH SINGH Vs. HARDEV CHAND

JUDGEMENT

(1.) THIS order will dispose of three Regular Second Appeals bearing No.1850, 1941 and 1942 of 2008 relating to different gift deeds made by the same donor to three different persons of three parcels of suit land and, therefore, can be decided by one order as common principles of law and broad facts arise in the three suits against three different allottees of suit property. For convenience, reference to facts is from RSA No.1850 of 2008.

(2.) THIS is plaintiffs' appeal from the judgment and decree of the learned District Judge, Kaithal reversing the judgment and decree of the learned Additional Civil Judge (Senior Division), Guhla dated 3rd January, 2006. The first appeal was allowed on 26th February, 2008. This appeal was entertained on 3rd July, 2008 when notice was issued to the respondents and in the meantime, operation of the impugned judgment and decree was stayed which position exists till today.

(3.) THE disputed land was gair mumkin khadan and is stated to have be lying vacant till the allotments were made to a special class of persons. The plaintiffs allege that defendant No.4 is the owner of the land. Defendant No.1 claims himself to be owner in possession of the suit land under an allotment deed dated 21st March, 1986 executed by defendant No.2 in favour of Chaman Lal predecessor -in -interest of defendant No.1. The dispute with respect to the land arose which led the plaintiffs to institute a suit for declaration and permanent injunction with consequential reliefs against the defendants. The plaintiffs claimed that the land is vested in defendant No.3 which was divested by extension of the municipal limits over the corpus land with effect from 2nd January, 1996.