CHAMELI Vs. NARESH KUMARI

JUDGEMENT

(1.) The facts required to be noticed for the disposal of this appeal are that respondents (hereinafter referred to as "the plaintiffs") filed a civil suit for declaration and possession alleging therein that their predecessor-in-interest was owner in possession of the suit land measuring 38 Bighas 8 Biswas detailed in para 2 of the plaint and that the said land was gifted by Rao Bahadur Randhir Singh vide mutation No.752, dated 13-12-1953 to Sanwalia, Ratti Ram and Sheo Chand, i.e., the predecessor-in-interest of the appellants. It was alleged that the gift was in consideration of services and was to revert back to Rao Bahadur Randhir Singh or his heirs in case the donees refuse to render services. It was alleged that since the defendant-appellants refused to render services so the legal heirs of Rao Bahadur Randhir Singh were entitled to get back the disputed land from the defendants.

(2.) The suit was contested by the defendants on the ground that the same was barred by time and it was submitted that mutation No.752, dated 13.12.1953 sanctioned in favour of Sanwalia, Ratti Ram and Sheo Chand, the donees, whereby land in question was gifted. It was denied that the land was to revert back to the plaintiff-respondents. The defendant-appellants also pleaded that they never refused to render service and that the present suit was filed on. false plea. It was pleaded that the plaintiff respondents were not entitled to take the possession of the land as the appellants have not violated any condition of the gift deed.

(3.) The other facts of the case are not required to be reproduced herein since they have been recapitulated in detail in the judgments passed by the learned courts below.