KULDEEP AND OTHERS Vs. DALIP SINGH AND OTHERS

JUDGEMENT

(1.) This appeal by the defendants is directed against the judgment and decree dated 3rd Aug., 1999 of learned District Judge, whereby accepting plaintiffs’- respondents’ appeal, judgment and decree dated 29th Oct., 1997 of the trial Court have been partly set aside and a decree, declaring plaintiffs-respondents Brahma Nand and Subhash as owners of a part of the suit property, to the extent of 5 bigha 8 biswas, has been passed.

(2.) Present appeal was admitted on the following substantial questions of law:

(3.) A suit was filed by the plaintiffs-respondents and their father Dalip Singh (now dead and represented by plaintiffs-respondents No. 2 and 3), for declaration that they were owners in possession of 12 bigha 16 biaswa land, which was earlier owned by Chet Ram, the father of deceased Dalip Singh and grandfather of plaintiffs-respondents Brahma Nand and Subhash. It was pleaded that out of the total 12 bigha 16 biswas land, 5 bigha 8 biswa land had been donated by said Chet Ram in favour of his grandsons, respondents Brahma Nand and Subhash, by executing a gift deed, through his attorney, namely Dalip Singh (deceased plaintiff), who was his son. With respect to the rest of the property, it was stated that the same had been inherited by Dalip Singh, on the death of Chet Ram, in Nov., 1993.