NARAYAN DASS Vs. DEEPAK KUMAR

JUDGEMENT

(1.) THE plaintiff having lost in both the Courts has filed appeal against judgment, decree dated 09.11.1999 passed by learned Additional District Judge(1), Kangra at Dharamshala, in Civil Appeal No. 40-D/1997, affirming judgment, decree dated 19.03.1997 passed by learned Senior Sub Judge, Kangra at Dharamshala in Civil Suit No. 192/1990.

(2.) THE facts, in brief, are that appellant had filed a suit for declaration that the gift deed dated 21.06.1990 by Hira father of respondent No.2 in favour of respondent No.1 regarding land measuring 0-40-42 hectares, more specifically described in the plaint and situate at Mohal Dudehar, Mauza Kaned as per jamabandi 1988-89, is wrong, illegal. THE gift deed will not affect the reversionary rights of appellant after the death of Hira. THE gift deed convey no title or interest to respondent No.1.

(3.) THE gift deed dated 21.06.1990 is an outcome of vengeance of Hira against appellant. THE appellant and Hira were involved in litigation. THE appellant has no dispute with other co-sharers, hence they have not been impleaded as parties.