KARTAR SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the Additional District Judge whereby his appeal was dismissed thereby affirming the judgment and decree passed by the trial Court.

(2.) The plaintiffs filed a suit for declaration to the effect that the gif deed dated 29.11.1968 alleged to have been executed by Ram Singh deceased in favour of the defendant is null and void and is ineffective as against their rights and for possession of the suit land as owners. It was pleaded by the plaintiffs that one Gurdip Singh was onwer of the suit land alongwith some other land. He died on 27.12.1957 and so Sh. Ram Singh succeeded to his estate as his heir. Defendant filed a suit against Ram Singh deceased and Maghar Singh for a share in the suit property which was dismissed on 31.8.1968. Not satisfied with the dismissal and with a view to usurp the property by illegal method filed an application for fresh khasra girdawari making averment in the application to the effect that Ram Singh deceased has executed a gift deed in his favour on 29.11.1968. As soon as the same came to their notice, the plaintiffs have thus filed a suit for declaration and possession as well.

(3.) The defendant filed written statement and took up the preliminary objection that the suit is barred by limitation; that the suit has not been properly valued for the purposes of court fee and jurisdiction and that the gift is a valid document.