LAWS(HPH)-1998-7-25

NARANJNU Vs. HUKAMI DEVI

Decided On July 10, 1998
NARANJNU Appellant
V/S
HUKAMI DEVI AND ORS Respondents

JUDGEMENT

(1.) The Plaintiff in Civil Suit No. 49/1987 on the file of Sub-Judge, Kullu, who succeeded before the learned Trial Judge but lost before the First Appellate Court has filed the above Second Appeal. The case of the Plaintiff before the Trial Court was that the suit land was in his ownership and possession and as on 3.3.1986 he executed a gift deed in favour of Defendant No. 2 on the condition that in case the land was sold by Defendant No. 2, the Plaintiff or his heirs as the case may be, will be entitled to get back the suit land on payment of reasonable price. In view of the fact that on 24.12.1986, the second Defendant sold the land in favour of Ist Defendant under a registered sale deed for a consideration of Rs. 25,000/- and on coming to know of the said fact the Plaintiff came with the present proceedings seeking a declaration that the Plaintiff is entitled to the possession of the suit land on payment of the sale consideration.

(2.) The 1st Defendant filed the written statement in which though it was admitted that a gift deed was executed by the Plaintiff in favour of the second Defendant and possession was also given to him, it was contended that second Defendant was competent to alienate the property and the Defendant No. 1 was also not bound by any conditions inter se Defendant No. 2 and the Plaintiff. The gift has become, on acceptance, a completed transaction and for that reason was irrevocable. The plea or being a bona fide purchaser and making further construction on the suit land was also projected. Reply was also filed by the Plaintiff reiterating the stand taken in the plaint.

(3.) On the above claims and counter claims the suit came to be tried and both parties adduced oral and documentary evidence. The learned trial Judge by his judgment and decree dated 13.1.1988 held that the gift deed in favour of the second Defendant is a conditional one and as the land has been sold by the Defendant No. 2, the Plaintiff as per the condition in the gift deed is entitled to possession on payment of the sale consideration. The learned trial Judge further held that the first Defendant cannot be held to be a bona fide purchaser without notice and finally the suit land came to be decreed for possession subject to the Plaintiff paying sale consideration of Rs. 25,000/-. The Court also stipulated two months time for such deposit, from the date of judgment.