GURDIAL SINGH Vs. CHHAJA SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for possession of the agricultural land was decreed by the trial Court but dismissed in appeal.

(2.) Smt. Ako and Bhanga Singh were sister and brother, Smt. Ako had a son Sampuran Singh who was married to Ladh Kaur. Sampuran Singh had a son Gurdial Singh and a daughter Kirpal Kaur. Sampuran Singh is said to have died somewhere in the year 1947. Bhanga Singh had three sons Sadhu Singh, Bakhtawar Singh and Chanchal Singh and a widow Ram Devi. On the death of Bhanga Singh, Ram Devi remarried one Didar Singh. Out of this wed-lock Chhanija Singh, defendant, was born. On the death of Sampuran Singh, Sadhu Singh son of Bhanga Singh brought Gurdial Singh and Kirpal Kaur with their mother Ladh Kaur to his village as they were minors at that time. On 11th of December, 1954, Sadhu Singh made an oral gift of 3 bighas of land in favour of Gurdial Singh, plaintiff. Mutation was sanctioned of this transaction of 20th of January, 1955, vide Exhibit P. 2 Later on, Sadhu Singh executed a gift deed of his 1/3rd share in 51 kanals 2 mares of land in favour of Gurdial Singh, plaintiff, vide gift deed Exhibit P1 dated 5th of June, 1967. This gift deed was produced before the revenue officer on 11th of November, 1976, by Guyrdial Singh. Even Sadhu Singh appeared before the revenue officer and admitted the execution of the gift deed on 20th of November, 1967, as recorded in Exhibit P. 3. Again on 14th of December, 1967, Bakhtawar Singh, real brother of Sadhu Singh, donor, also appeared and admitted the gift deed. In spite of all this the mutation was rejected by the revenue officer on 8th of January, 1969. Sadhu Singh, the donor, died in the year 1969. On his death his mother Ram Devi got the mutation sanctioned in her favour on 16th of November, 1970. Later on she executed a gift deed in favour of her son Chhajja Singh from the loins of Didar Singh on 20th of November, 1970. Mutation was also sanctioned in favour of the donee on 19th of December, 1970. Since plaintiff Gurdial Singh was in military service and thus being not in the village Chhajja Singh got possession of the suit land Gurdial Singh. plaintiff, filed the present suit for possession on 9th of April, 1973, on the basis of the gift deed Exhibit P1 dated 5th of June, 1967, executed in his favour by Sadhu Singh.

(3.) In the written statement the defendant denied the claim of the plaintiff and pleaded that the plaintiff and his mother had no concern with deceased Sadhu Singh whereas Ram Devi being the mother of Sadhu Singh rightly entered into possession of the property in dispute. He also pleaded that he used to serve his mother Ram Devi who out of love and affection and got a gift deed of the land in dispute executed in his favour.