BAWA SINGH Vs. BABU SINGH

JUDGEMENT

(1.) This appeal has been filed by Bawa Singh etc. defendants against the judgment and decree of the Additional District Judge, Patiala, dated May 3, 1968.

(2.) Briefly the facts of the case are that Hira Singh son of Samund Singh was the owner of the property in dispute. On April 17, 1954, he executed an adoption deed in favour of Bawa Singh, defendant No. 1. Babu Singh, plaintiff, who is the real brother of Hira Singh filed a usual declaratory suit that the adoption was invalid and his reversionary rights would not be affected by it. A compromise was effected in the suit on July 20, 1954, that the entire property held by Hira Singh would be taken by Babu Singh and Bawa Singh in equal shares after his death and Babu Singh who was in possession of 19 Kanals of land would remain in possession thereafter, during the life time of Hira Singh. On December 12, 1963, Hira Singh executed a gift-deed in favour of Bawa Singh and his two brothers, Darbara Singh, defendant No. 2 and Norang Singh, defendant No. 3, with respect to 36 Kanals and 16 Marlas of land. Subsequently, on March 5, 1964, he made another gift with regard to whole of the property in favour of all the defendants. Hira Singh died on December 23, 1964, without leaving any widow or lineal descendant. The plaintiff instituted the present suit, for his share in the property.

(3.) The suit was contested by the defendants who inter alia pleaded that by compromise no restriction was put on alienation by Hira Singh and that the gifts made by him in favour of the defendants were valid. They consequently prayed that the suit be dismissed.