DEVI SARUP Vs. VEENA NIRWANI

JUDGEMENT

(1.) BANU Mal alias Banu Ram (in short Banu Mal) was the original owner of the suit land. He had executed a Will in favour of his daughter Jeewani alias Munni Devi (in short Munni Devi) on 14.4.1937 for the suit land. But, subsequently, he had executed a Will on 27.3.1943 in favour of Raghbir Singh, respondent No. 29 (predecessor-in-interest of the present petitioners) who was his collateral from the third degree. However, the said Will was for the life time of said Raghbir Singh and after his death, the property was to revert back to the legal heirs (respondent Nos. 1 to 6) of Munni Devi daughter of Banu Mal. However, Raghbir Singh got mutation No. 1427 entered in favour of his wife Smt. Kesho Devi, his son Devi Sarup (petitioner No. 1) and son's wife Smt. Maya Devi (petitioner No. 2) on 26.2.1954 on the basis of oral Hibbanama (gift) allegedly executed by Banu Mal for the land measuring 835 Kanals 7 Marlas. The said mutation was sanctioned on 2.3.1954. Said Babu Mal died on 14.11.1954.

(2.) RESPONDENT Nos. 7 to 28 are the subsequent purchasers.

(3.) THE said suit was decreed and the said mutation was set aside by the Court of Additional Civil Judge (Senior Division), Jagadhri vide judgment and decree dated 30.10.1996. All the subsequent sale deeds executed by these donees were also set aside so also mutation sanctioned on the basis of these sale deeds. The present petitioners, Kusum Lata and Raghbir Singh filed an appeal against the said judgment (CA No. 33/254 of 1996) before the District Judge (Annexure P-3). The said appeal was compromised by the petitioners with Veena Nirwani, respondent No. 1 on 25.4.1998. As a result, the appeal was accepted, the petitioners were declared to be the absolute owners of the suit property and the suit of Smt. Veena Nirwani was dismissed as withdrawn. Similar orders were passed in the other connected Civil Appeal Nos. 218 of 1996 and 220 of 1996.