PATO Vs. MULI

JUDGEMENT

(1.) The following short pedigree table will be helpful in understanding the facts of this case :-

(2.) Nand Ram was the occupancy tenant of agricultural land measuring 62 bighas and 9 biswas, situate in village Bhuratwala, Tehsil Sirsa, District Hissar. On his death in 1948, his widow Jiwani inherited the occupancy rights in the land from her husband. Later on she became owner of the said land in June 1952 by virtue of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (hereinafter referred to as the Act). On 11th of April, 1955 she gifted 3/4th of the land to Muli and the remaining 1/4th of Shera. In March 1962 the suit, out of which the present second appeal has arisen, was filed by Pato and Rukman for possession of one-half of the entire land left by Nand Ram, their father. There allegations were that their mother, Jiwani, had only a life interest in the suit property and because the parties were governed by custom in matters of alienation and succession she was not authorised to make a gift of the said land. It was also said by them that Jiwani was under the influence of the defendants who got the gift-deed executed in their favour.

(3.) The suit was resisted by the defendants and their case was that Jiwani became absolute owner of the land after the enforcement of the Act, and therefore, the gift made by her was perfectly valid. Some other pleas were also taken by them, but we are not concerned with them in the present appeal. Both the Courts below came to the conclusion that the land in dispute became the self-acquired property of Jiwani after the coming in force of the Act and she was, therefore, competent to make the gift in dispute. The suit was, therefore, dismissed by them. The plaintiffs have come here in second appeal.