SOM PARKASH Vs. KARAM DASS

JUDGEMENT

(1.) PRESENT Letters Patent Appeal has been filed by the appellant aggrieved against judgment dated 3.5.1985 of learned Single Judge passed in Regular First Appeal No. 1123 of 1976.

(2.) ONE Ganesha Dass had two sons Maya Dass and Devi Dass. Maya Dass renounced the world and became chela of one Narain Dass. However, he was owner of his ancestral land about 77 kanals in village Banga, 44 kanals 6 marlas of land in village Kajla and was muafidar of land measuring 42 kanals and 2 marlas at village Balla. Maya Dass's brother Devi Dass had five children, namely Charan Dass, Karam Dass, Biram Dass, Som Parkash and Gurbachan Dass. Maya Dass was issueless and during fag end of his life, it is stated that he adopted his brother's son Som Parkash as his chela.

(3.) IT is stated in the suit that when Maya Dass intended to take Som Parkash as his disciple, this was disputed by other brothers of Som Parkash. In order to pacify, Maya Dass agreed to gift 60 kanals of land in village Banga in equal share to Karam Dass, Biram Dass, and Gurbachan Dass, brothers of Som Parkash and 40 kanals of land at village Kajla and Balla to Biram Dass and Gurbachan Dass and 12 kanals of land to Karam Dass, out of the land situated in villages Kajla and Balla. This was done by Maya Dass to avoid litigation. It was orally agreed that a gift deed to this effect would be executed on 13th day after Lohari in the year 1957. Since at the time of agreement as respondents were not possessed of sufficient money to defray expenses of the stamps and the registration of the gift deed, therefore, it was decided that the deed would be executed later on the 13th day of Lohari in the year 1957.