ASHWANI KUMAR Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned District Judge, Hamirpur in Civil Appeal No. 57 of 1992 dated 17.4.2000.

(2.) Brief facts necessary for adjudication of this regular second appeal are that the predecessor in interest of the appellants-plaintiffs, namely; Shri Narain Dass had filed a suit in the court of learned Sub-Judge 1st Class, Hamirpur for possession of land detailed in the plaint against the respondents- defendants (hereinafter referred to as the defendants for convenience sake). It is averred in the plaint that the suit land was entered in the ownership of Shri Chandu Lal deceased as per revenue record and was inherited by him from Shri Bhag Singh, Garka and Ganga in equal shares and was ancestral qua the plaintiff and deceased Shri Chandu Lal within two degrees. Shri Chandu Lal had executed registered gift deed dated 29.9.1987 qua the suit land in favour of defendant Nos. 1 & 2 fraudulently. The parties are governed by the Kangra customary law according to which the owner of the land could not alienate the same by way of gift. The defendants have contested the suit. They have filed written statement. They have averred that they were in possession of the suit land and the suit land is not ancestral rather it was self- acquired property and the last male holder was competent to transfer the same. The learned Sub Judge decreed the suit on 13.3.1992. The defendants preferred an appeal before the learned District Judge, Hamirpur. He allowed the same on 17.4.2000. This regular second appeal is directed against the judgment and decree dated 17.4.2000. It was admitted on the following substantial question of law:

(3.) Mr. Ajay Kumar Sood has supported the judgment and decree passed by the learned trial Court. He then argued that the defendants could not claim the title of the suit by way of Ext. D-1 which according to him was against the spirit of law and also against the spirit of Kangra Customary Law.