DEVI SINGH Vs. PHULMA

JUDGEMENT

(1.) This is a plaintiffs' appeal and arises out of a suit filed by them for a declaration that the gift-deed dated 16-3-1955 executed by Mt. Phulma, defendant No. 1, in respect of a one-half share of land measuring 245 bighas 6 biswas and five houses situated in village Malheri and some other property, described in the heading of the plaint, in favour of Jit Singh, the since deceased defendant No. 2, and Rati Rain, defendant No. 3, was void and ineffective.

(2.) The main allegations were that the plaintiffs, Mehar Singh, the husband of Mt. Phulma, and Jit Singh and Rati Ram were members of a joint Hindu family governed by the Mitakshara branch of the Hindu Law, that the property comprised in the deed of gift, referred to above, was coparcenary property and was not in possession of Mt. Phulma and as such she was not competent to transfer the same. In the alternative, it was alleged that even if the aforesaid property is held to have been the self-acquired property of Mehar Singh, his wife Mt. Phulma could have had a limited interest only therein and the gift made by her would not enure beyond her life time.

(3.) According to the pedigree table, proved in the case, Rattan the father of Mehar Singh and Gosain, the great grandfather of the plaintiffs, were own, brothers, being the sons of Narpat. Gosain had two sons named Dass and Sidhia. Dass had three sons named Shibu, Lagnu and Harshu. Jit Singh and Ratti Ram were the sons of Shibu, Durga, Tulsi Ram, Harinand and Kahan Singh were the sons of Lagnu; Narain Singh was the son of Harshu. Devi Singh, Daulat Ram and Dhyan Singh were the sons of Harichand. The sons of Langu, Harshu and Harichand figured as plaintiffs to the suit.