Decided on October 28,1957

Prito Appellant
Gurdas Respondents


- (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 - Kaka and Dhanna were two brothers who owned between themselves 124 kanals and 9 marlas. On the 27th of March, 1935, Ram Kishan and Shrimati Ishri, widow of Pal, made a gift of their respective shares of land in favour of defendants 1 and 2, Prito and Channo, daughters of Pal. A brief history of the previous litigation between the parties may be given. The validity of the above gift was challenged by Daya Ram, father of the present plaintiff, who filed a declaratory suit on 25th January, 1936, seeking to avoid the gift on the ground that it was prejudicial to his reversionary rights accruing on the death of the donors. This suit was decreed on the 28th of February, 1936, vide Exhibit P. 3. On the death of Ram Kishan, Gurdas plaintiff instituted a suit for possession of one half of the share of Ram Kishan on the 6th of December, 1937. The patties having compromised this suit was decreed in terms thereof, on the 23rd of March, 1938. The effect of this compromise was, that one-half share of Ram Kishan was given to plaintiff Gurdas, and the other half, remained with Shrimati Ishri, widow of Pal, and mother of defendants 1 and 2. On the death of Shrimati Ishri, her daughters were in possession of the entire share of the land of Pal and of one half share of Ram Kishan.
(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.;

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