PRITO Vs. GURDAS

JUDGEMENT

(1.) This is a regular second appeal by defendant No. 1 from the judgment and decree passed by the Additional District Judge, Hoshiarpur, decreeing the plaintiffs suit for possession of the land in question. A short pedigree-table is given below giving the relationship of the parties -

(2.) This was followed by a third litigation, the details of which need not be given as they do not bear on the subject matter of controversy in this case.

(3.) The present suit was instituted by Gurdas for possession of the land against the defendants Prito and Channo, alleging that their mother Shrimati Ishri had died a month ago and on the strength of a declaratory decree obtained by his father Daya Ram on the 28th of February, 1936, declaring the gift made by Ram Kishan and Shrimati Ishri in favour of the defendants as invalid, he as the reversioner, was entitled to possession. On the strength of the previous declaratory decree, the trial Court decreed the plaintiff's suit on the 21st of October, 1953, Defendant No. 1, Shrimati Prito, was unsuccessful before the lower appellate Court, which dismissing her appeal, affirmed the decree of the trial Court.