SUKHO Vs. PUNNI

JUDGEMENT

(1.) The plaintiffs having remained unsuccessful in the two courts below have come up in second appeal before this court under para 32 of the H.P. (Courts) Order, 1948.

(2.) Briefly stated, the facts of the case .giving rise to the present case are these. One Bhin, son of Tega was the owner and in possession of the following land : - (i) measuring 5 Bighas 19 biswas comprising of khasra Nos. 612, 615, 626, 622, 634 and 635 of village Karian, Tehsil Chamba; and (ii) measuring 4 bighas 10 biswas comprising of khasra Nos. 184, 185,194, 215, 223 and 235/1 of village Baili, Pargana Panjla, Tehsil Chamba. The said Bhin died some time in the year 1958 leaving behind a widow Smt. Dhiko, and three daughters, Smt. Bhoto, Sikhni and Punni. The mutation of inheritance qua the estate of Bhin came to be sanctioned in favour of his widow and three daughters abovenamed. On 10 -4 -1972, Smt. Dhiko, Sikhni and Punni gifted their shares in the estate of deceased Bhin vide a registered gift deed in favour of Smt. Bhoto.

(3.) A suit was filed on 27 -7 -1972 by S/Shri Birbal and Moti, brothers of Bhin, and one Sukho grand son of Khemi (brother of deceased Bhin) for a declaration that the gift executed by St. Dhiko, Sikhni and Punni in favour of Smt. Bhoto had no effect on their reversionary rights. Smt. Dhiko died during the pendency of the said suit on 5 -3 -1975. The suit was, therefore, withdrawn on 23 -5 -1975 with liberty to bring a fresh suit on the same cause of action.