SURESH KUMAR AND ORS. Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS petition is directed against the order dated 11.1.2011 passed by the learned District Judge, Sirmaur at Nahan whereby he confirmed the order dated 10.8.2010 passed by the learned Civil Judge (Sr. Division), Sirmaur at Nahan rejecting the application filed by the Petitioners (hereinafter referred as the Plaintiffs) for grant of stay.

(2.) THE undisputed facts are that the Plaintiffs and Respondent -Defendant No. 1 are real brothers. By means of this suit, the Plaintiffs have mainly laid challenge to the 2 gift deed executed by their father in favour of Defendant in respect of land comprised in khasra Nos. 3500,3501, 3502, 3504 and 3505 measuring 543 -74 Sq. meters situated in Muhal Amarpur, Nahan Town, District Sirmaur, HP. In addition to the aforesaid relief, the Plaintiffs have also claimed that they along with Defendant are the joint owners in possession of another two pieces of land measuring 763 -3 Sq. meters and 341 -99 Sq. meters respectively. The Plaintiffs have also admitted that their father had made a gift deed in favour of Defendant No. 2 which is not the subject matter of challenge.

(3.) FROM the aforesaid facts it is clear that the suit property can be described in two parts; one the gifted property, i.e. khasra Nos. 3500,3501, 3502, 3504 and 3505 measuring 543 -74 Sq. meters and the balance suit property. As far as the gifted property is concerned, both the Courts below have come to the conclusion that prima facie a valid gift deed had been executed in favour of the Defendant by his father and till the issue is decided in favour of the Plaintiffs they cannot be granted any interim relief.