SHIB DAI Vs. GHAURI LAL

JUDGEMENT

(1.) THIS is a civil second appeal brought by Mst. Shib Dai who was a donee of 35 Kanals and 19Â 1/2 Marlas of land comprising of different survey numbers in village Deagi Tehsil Badar -wah from one Mst. Parvati the land being donated to her by the said Mst. Parvati by means of a gift deed dated 1 -9 -1958 registered on 2 -9 -1958 against Gouri Lal and others who are the descendants of the brother of the husband of Mst. Parvati.

(2.) THE plaintiffs suit was that the plaintiffs were the nephews of one Durga who left behind him a widow Mst. Parvati, defendant No. 2 in this case. This Mst. Parvati had before this deed of gift transferred this land by means of a fictitious sale in favour of Beli Ram Thakur her present husband. But that sale was declared inoperative -on a suit by the plaintiffs. It had been so declared by the District Judge Jammu vide his order in appeal No. (73) decided on 24 -1 -1988. The possession of the land in dispute had been after the death of Durga, joint between his widow Mst. Parvati and the plaintiffs and now after the deed of gift the possession of this land is that of defendant No. Mst. Shiv Dai appellant donee as joint (perhaps with the plaintiffs). The plaintiffs, therefore, prayed for a declaration that the gift deed above referred to be declared inoperative against their rights. They also sued for the recovery of the possession of this land.

(3.) THE defence of Shiv Dai, the donee and Mst. Parbati, the donor, was that this land belonged to Durga and had come to the share of his widow Mst. Parvati on the death of Durga. Till the date of the gift the land was in the sole possession of Mst. Parvati as a full owner and after the deed of gift the possession had been transferred to Mst. Shiv Dai the donee. Mst. Parvati, according to the defendants had full right of disposal over this property and the gift deed was, therefore, valid. The suit of the plaintiffs was not maintainable.