MAL SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS is an appeal for setting aside judgments and decrees dated 26.8.1998 and 15.2.2002 passed respectively by Civil Judge (Senior Division), Fatehgarh Sahib (hereinafter described as 'the trial Court') and Additional District & Sessions Judge, Fatehgarh Sahib (referred to hereinafter as 'the First Appellate Court') whereby the suit of the plaintiffs respondents was decreed and the appeal of the defendants-appellants was dismissed.

(2.) BRIEFLY stated the facts of the case are as under:-

(3.) ON 29.11.1971, Pritam Kaur and Gian Singh filed a joint written statement stating therein that a male proprietor is competent to make gift in favour of his nearest heir. It was averred that Pritam Kaur was the wife of Gian Singh and, thus, she was his nearest heir. They denied that the plaintiffs were the nearest best legal heirs of Gian Singh and pleaded that even under the Customary Law, there was no bar against execution of such a gift deed. The status of the suit properties being ancestral was also denied.It was stated that Pritam Kaur, who was the daughter of late S. Gurbaksh Singh, Jagirdar of Village Kotla Shamshaspur, Tehsil Samrala, was married to Gian Singh some 35 years back and they had been amicably living together as husband and wife.