NIKA SINGH Vs. GAJJA SINGH

JUDGEMENT

(1.) THIS is a Regular Second Appeal by the defendant against the judgment and decree of the District Judge, Sangrur, dated November 4, 1968, affirming the judgment of the trial Court, whereby the suit had been decreed.

(2.) BRIEFLY , the case of the plaintiff is that the property in dispute belonged to Smt. Chand Kaur and she gifted it to him vide gift deed dated August 16, 1952. After the gift, he had been in its possession. It is alleged that the defendant wanted to make some construction on it, which he could not do. Therefore, it is prayed that the defendant may be restrained from doing so. The suit was contested by the defendant who pleaded that he was the owner of the property in dispute as ho had purchased it from the Custodian Evacuee Property He also denied that any gift was made by Smt Chand Kaur in favour of the plaintiff.

(3.) DURING the pendency of the appeal, the appellant filed an application under Order 41, Rule 27 of the Code of Civil Procedure praying that a copy of the order of Nizamat Barnala dated 30th Bhadron, 1991 BK be taken on the record. It is further stated that it is proved from the said document that the property had been gifted away by Smt. Chand Kaur, wife of Hukam Chand and Santoo son of Krishan Singh to Habib and Mustan sons of Midhi about 26 yean ago and the latter migrated to Pakistan. The application has been opposed by Mr. Sarin, learned counsel for the respondent.