GIAN KAUR Vs. PIARA SINGH AND ANOTHER

JUDGEMENT

(1.) THIS is Defendant's Second Appeal against whom suit for possession was dismissed by the trial Court but decreed in appeal.

(2.) PIARA Singh filed the suit for declaration to the effect that he along with Hukam Singh, Defendant No. 2, was the owner -in -pos -session of the land measuring 2K 9M in equal shares; that Shmt. Gita Devi alias Gian Kaur, Defendant, had no right, title or interest in the same and that Mutation No. 2125 sanctioned in her favour regarding the suit land on the basis of a gift deed Ex D5, dated 11th November, 1970, was wrong, illegal and invalid. In the alternative, possession of the suit land was claimed.

(3.) IN the Written Statement filed on behalf of Gita Devi, Defendant, she pleaded inter alia, that her name was Gian Kaur, and not Gita Devi; that she was the widow of Devi Chand; that the latter had gifted her the suit property and the mutation was, therefore, rightly sanctioned in her favour She claimed herself to be the nearest heir to the estate of Devi Chand, being her widow, and denied existence of any custom debarring Devi Chand from executing the gift deed.