MOOL RAJ Vs. JAMNA DEVI

JUDGEMENT

(1.) Smt. Jamna Devi respondent executed a gift deed in favour of the defendants of the property owned by her. The gift deed was pleaded to be conditional one and the condition was that the defendants would render services to her. As the defendants did not comply with the condition of the gift deed, therefore, Smt. Jamna Devi filed a suit for possession of the gifted land as, according to her, by non-compliance with the mandatory provisions of the gift deed the same should be revoked. She also pleaded that the parties, being Rajput by caste and agriculturists by occupation, were governed by custom, which amongst them was that a conditional gift in lieu of services was liable to be revoked, if the condition was not fulfilled.

(2.) The defendants contested the suit and pleaded that the gift was irrevocable, being unconditional one. On merit, they pleaded that they have been rendering the services to the plaintiff. The suit was also resisted on the ground of locus standi, limitation, res judicata and maintainability.

(3.) The trial Court framed the following Issues on the pleading of the parties :