SHIV DAS Vs. DEVKI

JUDGEMENT

(1.) THIS judgment will dispose of two regular second appeals No. 295 of 1968 by Shiv Dass and others and No. 765 of 1968 by Smt. Devki, which are directed against the judgment of the Additional District Judge, Gurdaspur dated 3rd of February, 1968, whereby the learned Judge dismissed the appeals, upholding the findings of the trial Court on the issues mooted before him.

(2.) THE facts giving rise to the litigation at the instance of Smt. Devki may be set out briefly : - Mela Ram was the last male -holder of the property in dispute consisting of a house, two shops and two pieces of agricultural land referred to in the heading of the plaint as A , B , "C, D and E respectively. On his death in the year 1913, the property devolved upon his mother Smt. Radhan, as a limited estate. She made a gift of the property A , B , C and D in favour of Shiv Dass, her pre -deceased daughter s son through a registered gift deed dated 28th of March, 1922. Smt. Radhan died on 21st of Dec. 1960. In between Shiv Dass made several alienations of the properties. The family is admittedly governed by Hindu Law in the matter of alienation and succession. Nand Lal and other reversioners of Mela Ram filed a declaratory suit in the year 1925 against Shiv Dass and thereby assailed the validity of the aforesaid gift deed on the ground that Smt. Radhan, being a limited owner, was not competent to make a gift of the properties. The suit was decreed. On appeal by Shiv Dass, the decree was vacated in view of the enforcement of Act. No. II of 1929 according to which, Shiv Dass came to be recognised as a preferential heir as against Nand. Lal etc.

(3.) THE suit by Smt. Devki, who is daughter of Smt. Radhan, was instituted by her on 12th of March, 1965. It was pleaded by her that as a holder of limited estate Smt. Radhan had no right to make a gift of the properties inherited by her from Mala Ram, gift deed dated 28th March, 1922 in favour of Shiv Dass was consequently invalid and inoperative; gift dead could not operate beyond her life, she was in law a preferential heir to the properties as against Shiv Dass. Apart from Shir Dass, alienees from him were impleaded as defendants Nos. 2 to 47. Decree for possession of the entire property was claimed.