Decided on March 04,1991

Shishi Ram Appellant
GULAT RAM Respondents


KAMLESH SHARMA,J. - (1.) This is a Regular Second Appeal under Paragraph 32 of the H. P. Courts Order against the decree and judgment dated 17 -3 -1979 of District Judge, Shimla, whereby the decree and judgment dated 30 -3 -1974 of Sub -Judge, Rohru, was affirmed and the suit of respondent -plaintiff, Sh. Gulat Ram was decreed.
(2.) In the Civil Suit filed by Sh, Gulat Ram, he had challenged the gift -deed dated 5 -5 -1971 executed by his father, Sh. Anant Ram, in favour of his another son, the present appellant -defendant, Sh. Shishi Ram. Sh. Anant Ram was defendant No, 1 before the trial Court. He died during the pendency of the appeal before the District Judge and his name was deleted from the array of the appellants. Sh. Anant Ram was also an appellant alongwith Sh. Shishi Ram in the appeal before the District Judge. The case of Sh. Gulat Ram was that the suit property measuring 3 Bighasll Biswas as described in the plaint was ancestral and his father, Sh. Anant Ram, had no right to gift it to his another son, Sh. Shishi Ram.
(3.) Both Sh. Anant Ram and Sh. Shishi Ram had filed joint written statement. It was admitted by them that the suit property alongwith other property was originally ancestral between them and Sh. Gulat Ram but in a partition effected by Sh. Anant Ram on 12 -3 -1971, the suit property alongwith a minor portion of ancestral property was kept by him as his share and rest of the ancestral property which formed major portion was divided between his two sons S/Shu Gulat Ram and Shishi Ram in equal share. As such, Sh. Anant Ram claimed that after partition the suit property became his personal property which he could donate to Sh. Shishi Ram it was clarified in the written statement that the gift was made in lieu of past services and services to be rendered in future by Sh, Shishi Ram to his father Sh. Anant Ram donor as well as his sister who was residing with him.;

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