AMARJIT GUPTA Vs. PREM MOHINI GUPTA

JUDGEMENT

(1.) APPEAL was admitted on the following substantial question of law: -

(2.) FACTS are not in dispute. Sh. Jagdish Chander Gupta and his wife Smt.Amarjit Gupta were owning and possessing certain properties in the State of Himachal Pradesh. Through their wedlock, two sons namely Kailash Chander Gupta, Surinder Pal Singh and three daughters namely Sarbjit Kaur, Kiranjit and Prem Mohini Gupta were born.

(3.) IN the application incorporating terms of compromise, parties specifically made an admission that Jagdish Chander Gupta and Smt.Amarjit Kaur were exclusive owners in possession of the suit premises. Surinder Pal Singh specifically admitted that property was not ancestral in nature. However, out of free will and volition, Jagdish Chander Gupta and Amarjit Kaur transferred certain properties to Surinder Pal Singh. This was with a rider that "in future" he shall have no claim whatsoever, over any of the properties in the name of other parties including his parents. Specifically, it was mentioned that even his legal heirs would have no interest, right or lien over the same. It is not in dispute that pursuant to this compromise, Surinder Pal Singh not only owned and possessed certain properties, but also transferred and enjoyed benefits therefrom. In fact, he sold all these properties.