CHANAN SINGH Vs. SALWANT KAUR

JUDGEMENT

(1.) THIS is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge whereby the judgment and decree of the trial Court was modified to the extent that plaintiff will be entitled to the possession of the land which is not covered under the sale Exhibit D -3 to D -4.

(2.) CHANAN Singh (since dead) filed a suit for possession of 183/556 the share of land as detailed in the heading of the plaint. As per case of the plaintiff, Sh. Nihal Singh, his grand -father, had two sons, namely, Maya Singh and Assa Singh. Maya Singh had three sons, namely, Chanan Singh, Buta Singh and Jawala Singh alias Santa Singh. Jawala Singh died on 13.6.1977. Salwant Kaur Respondent, is the daughter of Buta Singh, the other brother of the plaintiff. Jawala Singh alias Santa Singh executed a gift deed in respect of land measuring 50 Kanals 7 Marias in favour of Salwant Kaur on 15.4.1957. This gift deed was challenged by the plaintiff on the ground that it was in respect of the ancestral property and Jawala Singh alias Santa Singh was not competent to execute the gift deed. The suit was decree vide judgment and decree dated 21.8.1958 and it was held that the gift deed in favour of Salwant Kaur shall not affect the reversionary rights of the plaintiff in one half share of 37 Kanals 16 Marias. It has further been alleged that Salwant Kaur exchanged certain land with other persons and so the plaintiff has filed the suit in respect of the land which fell to the share of Salwant Kaur in exchange. It has further been alleged that Salwant Kaur has made further alienation in favour of defendants No.2 to 12.

(3.) ON the pleadings of the parties, following issues were framed : -