JAI BHAGWAN AND OTHERS Vs. HAKIM SAWAN RAM

JUDGEMENT

(1.) THIS order will dispose of R. S. A. Nos. 520 and 530 of 1978 as they involve common question of law.

(2.) THE facts are taken from R. S. A No. 520 of 1978. Smt. Raja Devi Plaintiff filed a suit for declaration, claiming herself to be the absolute owner of the suit property. Consequential relief of injunction from interference in her possession was sought She claimed to have succeeded to the estate of Rama Nand, being his daughter. The estate was situated in two villages. She executed a registered gift in favour of Basanta with respect to the land in dispute, i. e., the land situate in village Chanarthal, and sold land of village Unstal, vide a registered sale deed. The sale as well as the gift were challenged by a suit for possession by Sewa Ram, father of Sawan Ram, contending the alienations by her were without consideration and legal necessity and were not binding on his reversionary rights. The Decree for declaration that the alienations were not binding on the reversionary rights of Sewa Ram, was granted and relief of possession was declined during the lifetime of Smt Raja Devi. Basanta, in whose favour gift was made by Smt. Raja Devi relinquished his rights in favour of Sewa Ram vide a registered deed of relinquishment dated 23 -4 -1952, and Sewa Ram gifted the land in dispute to Smt. Raja Devi Plaintiff for her maintenance with a restriction on alienating the same.

(3.) SEWA Ram too filed a suit for possession challenging the will by her. On his death, his legal heir was brought on the record.