OM PARKASH Vs. SARVJIT SINGH

JUDGEMENT

(1.) Both these appeals preferred by the plaintiff arise out of the judgment and decree passed on 15/06/1984 by District Judge, Kangra at Dharamsala, dismissing the suit of the plaintiff-appellant and partly allowing the appeal of defendant-respondent, thereby modifying the judgment and decree passed by Sub-Judge, Kangra dated 23rd Febraury, 1981.

(2.) The admitted facts are that one Gauri had two sons Santu and Vishnu. Santu died issueless on 22/02/1920. Vishnu had two wives, Godavari and Dharmi Devi. Plaintiff Om Parkash is Vishnu's son out of Godavari. Respondent Sarvjit Singh is also Vishnu's son out of Dharmi Devi. Chandermu was the mother of Vishnu.

(3.) It is the plaintiff-appellant's case that the suit property, namely, the agricultural land, as described in para 1-A of the plaint and houses described in para 1-B of the plaint was a coparcenary joint Hindu family property of the plaintiff, defendant Sarvjit Singh and their father Vishnu. The entire property was ancestral in the hands of Vishnu, who was also the Karta and Manager of the Joint Hindu Family. Since the entire property was earlier held by Gauri, who was succeeded by his two sons, Santu and Vishnu on the death of Santu, his estate devolved upon Vishnu, who died on 21/09/1960 and on his death, his estate devolved upon his mother Chandrmu, widow Dharmi Devi and two sons, plaintiff and defendant Sarvjit Singh. It is also alleged that Vishnu was a spend-thrift and without any legal necessity on 23/01/1959, a gift was made by him with respect to the property, which had devolved upon him by survivorship on the death of his brother Santu, in favour of his wife Smt. Dharmi Devi. This act, on the part of Vishnu in having made the gift was challenged by plaintiff as illegal, since according to plaintiff this was ancestral property in the hands of Vishnu and he had no right to make gift.