CHUNI LAL Vs. SARASWATI

JUDGEMENT

(1.) THIS Civil Second Appeal is directed against the judgment dated September 30, 1973, of the learned District Judge, Bhadarwah, whereby he upheld the judgment dated April 30, 1970 of the Sub -Judge, Bhadarwah, decreeing the plaintiff -respondents suit (No. 109 of 1956) in so far as it related to possession of land covered by gift deed dated Magh 17, 2010 (Bikarmi) executed by Mst. Roman, widow of Kotwal Shib Lal, resident of Nagar Bhadarwah, in favour of Chuni Lal appellant.

(2.) IT appears that Kotwal Shib Lal, a resident of Nagar Bhadarwah who was an employee of the Forest Department of the State died in Assuj, 1979 C Bikarmi 1923 A. D. leaving behind only two widows named Smt. Roman and Smt. Saraswati plaintiff (Respondent No. 1 herein). The said two widows remained joint for some time but finding it difficult to pull on together, they effected fey means of deed dated Chet 17. 1982 (Bikarmi) a private partition of the estate inherited by them from Kotwal Shib Lal with a view to facilitate the smooth utilization of the income accruins from the estate. Mutation No. 1262 in respect of this partition was sanctioned by the Tehsildar on Phagan 27, 1990. By means of deed dated 15, 1991 (Bikarmi) Smt. Roman made a Sankalp of 13 marlas of land comprised in Khasra Nos. 1520, 1521 arid 1522 situated in Nagar Bhadarwah, to Bishember Nath, father of respondents 2, 3, 4 and 5 herein. She also gave in Sankalp 1 kanal and 4 marlas of land comprised in Khasra No. 627 situate in Nagar Bhadarwah to Mst. Rama, wife of Amar Nath respondent No. 8 herein. On Magh 17, 2010 (Bikarmi) Smt. Roman also executed the aforesaid gift deed in favour of the appellant and delivered possession of the land mentioned therein to him. On the death of Mst. Roman which took place some where in the year 1954 A. D. Smt. Saraswati, respondent No. 1 herein, brought the above -mentioned suit challenging the aforesaid alienations and praying for a decree for possession of the plots of land alienated as aforesaid by Mst. Roman.

(3.) THE suit was contested by all the alienees but it is only the defence of the appellant, herein, with which we are concerned. The appellant resisted the suit, inter alia, on the ground that the partition which took place between Smt. Roman and respondent No. 1, herein, was absolute and the said respondent relinquished her right of survivorship, the benefit of which was available to her under Hindu Law. It was" also pleaded by the appellant that the suit was time barred.