PALTA Vs. GIAN SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal by the Plaintiffs is directed against the judgment and decree dated 21.8.2001 passed by the learned District Judge, Shimla, whereby he modified the judgment and decree dated 30.10.1998 passed by the learned Sub Judge, Theo, partly decreeing the suit of the Plaintiffs.

(2.) BRIEFLY stated, the facts of the case are that the Plaintiffs filed a suit for declaration that they are joint owners in possession of the suit land and that the gift deed dated 12.1.1993 executed by Smt. Nakati in favour of the Defendant is illegal and void. The Plaintiff are the sons, daughters and widow of Shri Parma, who was the son of Shri Ghalumbi. According to the Plaintiffs, Shri Parma and Shri Ghalumbi had equal right in the suit land. After the death of Shri Ghalumbi, his property was mutated by his son Shri Parma and his widow Smt. Nakati in equal shares. The Plaintiffs claim that since the property was ancestral and Shri Parma, being a coparcener, was already having half share in the land, the remaining half share could not have been transferred in favour of Smt. Nakati. It was further alleged that Shri Parma had filed a suit against Smt. Nakati and injunction had been passed directing Smt. Nakati to maintain status quo, but despite this, she executed a gift deed of a portion of the suit land in favour of the Respondent and hence, the same is totally illegal.

(3.) THE following issues were framed by the learned trial Court: