BIMLA DEVI Vs. VIR SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment of a learned single Judge.

(2.) ONE Saran Dass left behind two widows and two sons. Before his death. Saran Dass made a gift of the property in dispute to his wife Simla Devi. After the death of Saran Dass the sons tiled a suit challenging the gift deed. It was averred by the plaintiffs that the gifted property was ancestral and as such their father Saran Dass could not make a gift of the same. Therefore, they claimed possession of the property in dispute. This suit was resisted. Bimla Devi, the donee, denied that the properly was ancestral. The trial court came to the conclusion that a part of the land in dispute was ancestral whereas the other part was not ancestral Qua the plaintiffs. It also held that according to the customary law by which the parties were governed, the gift made by the deceased in favour of his wife Bimla Devi was valid. The suit was therefore, dismissed. On plaintiffs' appeal the Additional District Judge partly allowed the appeal. It was held by him that according to the customary law the gift was bad in respect of the ancestral property.

(3.) MR . H.K. Bhardwaj, learned counsel for the appellant, has not been able to persuade us to hold that the judgment of the learned single Judge needs an interference. We find that an exhaustive judgment has been written by the single Judge dealing with all questions raised by the appellant. We would, therefore, dismiss the appeal.