DEVIA Vs. NATH RAM

JUDGEMENT

(1.) THIS is a defendants appeal from the decision of the learned District Judge, Bhadarwah, whereby he set aside judgment of the Munsif, Doda, and decreed the plaintiff -respondents suit for declaration to the effect that he was the legitimate son of Devia (defendant) appellant No. 1 herein, and that the gift deed dated 12 -4 -1962 executed by the said appellant in favour of respondents Nos 2 and 3 herein, in respect of land measuring 30 Kanals and 2 marlas entered in Khewat Nos 42 and 43 in village Arnora, Tehsil Doda, was void, in -operative, and ineffectual as against him.

(2.) THE facts leading to this appeal lie within a short compass and may be briefly stated:

(3.) THE plaintiff who is respondent herein brought a suit in the court of the Munsif, Doda, on 30 -4 -1962 on the allegations that the parties were governed by Hindu Law, that he was the legitimate son of Devia defendant -appellant No. 1 herein having been born of the said respondent to Mst Romo, his mother, who was the legally wedded wife of Devia that movable and immovable properties including the suit property was the joint, undivided, and ancestral property of the coparcenary consisting of himself and his father, Devia, that Devia being a profligate had kept a concubine on account of which the relations between him and his mother became strained, that because of those strained relations Devia wanted to deprive him of his legitimate share in the ancestral property and wrongly styling himself as the last male holder had executed the aforesaid gift deed in favour of defendants -appellants Nos 2 and 3, that the property being joint and ancestral, Devia was not competent to gift away the same, and that the gift deed executed by Devia defendant appellant No, 1 in favour of defendants appellants Nos 2 and 3 was void, in -operative and did not affect his rights in the property.