LAJPAT RAI Vs. VIDYA WATI

JUDGEMENT

(1.) THIS Regular Second Appeal arises out of a Civil Suit No. 208 of 1978 instituted in March 17, 1975 by Lajpat Rai, Momesh Chander, Dev Raj and Som Parkash against defendant No. 1 Vidya Wati widow and defendants 2 to 6 sons of Chander Shekhar.

(2.) BRIEF facts as mentioned in the amended plaint are that one Shobha Ram son of Shambhu Dutt was the owner of the suit house. That house was sold by him to Lajpat Rai and others Plaintiffs vide sale deed, dated April 18, 1972. The case of the plaintiffs further is that Vidya Wati was to perform the marriage of her daughter. She requested the plaintiffs to allow her to use the premises and also agreed to return the possession after the marriage. It was alleged that a year back, possession of the house was delivered to defendants but they even after the marriage did not vacate the premises and refused to deliver the possession which led the plaintiffs to file the suit. Paring the pendency of the suit, the plaintiffs were allowed to amend the plaint vide order, dated June 15, 1976 on payment of Rs. 15.00 as costs. Consequently, amended plaint was filed whereupon the counsel for the defendants made the statement that the written statement already filed be read even after the amendment of the plaint.

(3.) REPLICATION was filed by the plaintiffs denying the allegations about Chander Shekhar being owner of the premises. It was further pleaded that Chander Shekhar had gifted his entire property in the year 1940 by way of oral gift to Shambhu Dutt father of Shobha Ram predecessor-in-interest of the plaintiffs, by way of "sarvas Daan". On the pleadings of the parties, following Issues were framed: