MAHA SINGH Vs. MANGE AND ORS.

JUDGEMENT

(1.) IN order to dispose of this application under Order 22, Rule 4, read with Section 151, Code of Civil Procedure, filed by the Appellant, a few facts may be stated.

(2.) CHANDGI , Defendant No. 1, filed a suit for possession of some agricultural land on the basis of ownership against Mange and others, Defendants Nos. 2 to 7, who were his collaterals. During the pendency of that suit, Chandgi gifted that very land in favour of those Defendants on 7th February, 1964 On 29th February, 1964, on the basis of the gift -deed, the suit filed by Chandgi was compromised and dismissed. In September, 1964, Maha Singh, son of Chandgi, brought a suit against Defendants Nos. 1 to 7, for a declaration under custom that the gift, dated 7th February, 1964, and the decree passed on the basis of compromise, dated 29th February, 1964, were void and ineffective against his reversionary rights after the death of his father Chandgi The trial Court decreed the suit on 1st October, 1966.

(3.) ON 19th July, 1968, a regular second appeal (No. 1527 of 1968) was filed in this Court by Maha Singh, son of Chandgi, against the decree of the learned Additional District Judge, Rohtak. Defendants Nos. 1 to 7 were impleaded as Respondents in the said appeal. Since the name of Mussadi was recorded in the certified copy of the judgment and the decree -sheet of the lower appellate Court, the Appellant included his name as Respondent No. 3 in this Court as well.