PALA SINGH Vs. JAGIR KAUR

JUDGEMENT

(1.) After Pala Singh and Jagir Kaur were engaged, Pala Singh gifted half of his agricultural land by registered document dated 13.2.1952 (Ex. D1) in favour of Jagir Kaur. It was clearly mentioned therein that she would be owner (Malik) of the property. However, in the later part of the document it was stated that the land was being given to her for maintenance for her life and a restriction was imposed on her alienation. It was also mentioned that on her death, the property would go back to his reversioners. Thereafter they were married. After some time, they could not pull on and when her husband refused to give mesne profits to her, she filed a suit for possession of the gifted land on 16.3.1974. By then consolidation had taken place and lesser area had been allotted.

(2.) The husband contested the suit. Both the Courts below have decreed the suit for possession after recording the findings that the gift was complete and she had been made full owner therein and in any case, by virtue of Section 14(1) of the Hindu Succession Act, 1956 she had become full owner, because it was recited in the gift-deed that the property was given to her for her maintenance. This is second appeal by the husband.

(3.) After hearing the learned counsel for the parties and on perusal of the record, I find no scope for interference in this appeal.