HARI DUTT Vs. SHIV RAM

JUDGEMENT

(1.) This second appeal arises out of the suit filed by the appellant-plaintiff for the possession of the agricultural land measuring 4 kanals and 14 marlas situated at village Mohalta in the District of Hamirpur.

(2.) Short facts of the case are that the disputed land, along with other lands, was an ancestral property held by one Sardaru. This Sardaru had a son named Surjan. Surjan had three wives, named, Bholi, Aurku and Sundari. The evidence recorded in the case reveals that Surjan's relations with his second wife Aurku were not cordial as he was suspecting that Aurku was unchaste. Evidence also reveals that on account of this suspicion Surjan had expelled Aurku from his house. Thereupon, Sardaru, the father of Surjan, made a gift of the land measuring 9 Kanals and 18 Marias in favour of Aurku in the month of March, 1926.

(3.) Sardaru's son Surjan thereupon filed a declaratory suit bearing No. 239 of 1927 against his father and Aurku in the court of Sub-Judge, Kangra. On 20th March, 1927, this suit was compromised as per document Exhibit P4. Thereafter, a decree in terms of this compromise was passed as found at Exhibit P5. According to this consent decree, the following arrangement was made.