SURINDER SINGH SAUTHA Vs. RAJA YOGINDRA CHANDRA

JUDGEMENT

(1.) THIS Regular Second Appeal under Section 100 of the Code of Procedure has been preferred by the defendant/appellant against judgment and decree dated 15.1.2000 passed by learned Addl. District Judge, Shimla, Circuit Court at Rohru in Civil Appeal No. 75 -S/13 of 1996 whereby he partly allowed the appeal of the defendant/appellant.

(2.) THE brief facts as per pleadings of the parties are that the suit property comprises the land comprised in Khasra No. 5140/2 measuring 0 -7 biswas over which there is a structure of building known as Annexe building, situated in Chak Deora, Tehsil Jubbal, Distt. Shimla, H.P. having compound in khasra No. 5140/3 measuring 1 biswa and kh. No. 5121/1 measuring 0 -2 biswas. The plaintiff has claimed himself to be owner of the suit property which was given by the father of the plaintiff to Dr. late Shri R.P. Sauhta for his residential house and clinic use till the life time of Dr. R.P. Sauhta in lieu of his services provided to the Royal family as well as to facilitate the medical services in the area to the general public. It was pleaded by the plaintiff that the suit property was given on licence as nothing was to be charged in lieu of the services rendered by Dr. R.P. Sauhta to the Royal family without any charges.

(3.) THE suit was contested by the defendant by filing written statement, in which preliminary objections qua valuation, estoppel and limitation have been taken. On merits, the defendant denied the ownership of the plaintiff over the suit property and pleaded that the suit property was given by the father of the present plaintiff Raja Digvijay Chander to the father of the defendant in the year 1957 by way of oral gift in lieu of medical services rendered to the Royal family as the father of the defendant was a medical officer in the Government service and the father of the plaintiff persuaded to resign from the Government service and to join as personal medical Doctor of Royal family and allured with the gift of the suit property for residence as well as for clinic purposes.