AMAR KAUR Vs. SWARAN KAUR

JUDGEMENT

(1.) THE main issue which requires to be resolved in this case, is whether after the cessation of the life time interest in property created by a gift, the property should devolve upon the heirs of the recipient or whether the property is to go back to the heirs of the donor.

(2.) THE suit land came to Chanan Kaur deceased by way of a gift from Nama, the uncle of Ujjagar Singh, husband of the deceased. The terms of the gift are recorded in Rapat Roznamcha No. 232 dated 13.12.1941 of the Patwari Halqua to the effect that a life estate was conferred on Chanan Kaur (Hiba Bazariha Heen Hayet). The operative part of the Hiba reads as under :-