RAJENDRA SINGH Vs. SHYAM SUNDAR DEVI

JUDGEMENT

(1.) THIS application in revision is directed against the order dated 28. 8. 1982 passed in Execution Case No. 4 of 1969 whereby the court rejected the claim of the judgment debtor-petitioners and held that the controversy about the deed of gift can be thrashed out in a separate properly constituted suit and allowed the petition of the decree holder- opposite party for effecting delivery of possession with regard to the property allotted to bhekh Narain Singh.

(2.) THE relevant facts of the case are that Sadhu Singh S/o Bhekh Narain Singh and widow of Jadu Singh, Daughter-in law of Bhekh Narain Singh filed Title Suit No. 125 of 1959 for partition of the joint family property against Bhekh Narain Singh and deo Sharan Singh, the brother of Bhekh narain Singh. The suit was decreed on 1. 10. 1963. Two first appeals i. e. First Appeal no. 28 of 1964 and First Appeal No. 29 of 1964 were filed against the said judgment and decree. The first appeals were compromised and by compromise Deo Sharan singh, Bhekh Narain Singh and his two sons i. e. Plaintiffs were allotted separate share in the suit property and the suit was decreed in terms of the compromise on 2. 8. 1967.

(3.) THE opposite party filed Execution case No. 4 of 1969. Bhekh Narain Singh died in the year 1971 during the pendency of the Execution case. On 2. 6. 1981 the opposite party filed a petition in the Execution case for effecting delivery of possession in their favour with regard to the property allotted to bhekh Narain Singh claiming to 6e the legal heirs of Bhekh Narain Singh. On 26. 8. 1981 the petitioners filed a rejoinder to the said petition stating therein that Bhekh narain Singh executed a deed of gift on 14. 5. 1967 in their favour with regard to the property allotted to him and by virtue of the said deed of gift they are in possession of the suit property and accordingly prayer was made to reject the claim of the opposite party.