Dalveer Bhandari, J. - (1.) THIS appeal emanates from the judgment of the High Court of Himachal Pradesh at Shimla delivered on 26th July, 2000 in Regular Second Appeal No.75 of 1993.
(2.) BRIEF facts which are necessary to dispose of this appeal are recapitulated as under. JUDGEMENT_41_CALHN(SC)3_2011Image1.jpg In order to properly comprehend the inter se relationship of the parties, the Genealogycal family tree is reproduced herein. Admittedly, Hari Ram, Kharia and Delu were brothers and they inherited an undivided share in the two joint family properties, one situated at Chak Nani measuring 55 bigha 2 biswas and the other situated Chak Kaljer measuring 103 bigha 10 biswas.
(3.) HARI Ram died in 1954 without any male issue and he was survived by his widow Jamni and daughter Debku. After the death of HARI Ram, Jamni inherited the entire share of HARI Ram in both the Chaks and consequently mutation was carried out in her name in the year 1955. Jamni, wife of HARI Ram, gifted 18 bigha 3 biswas of land at Chak Nani in favour of Jeet Ram, her grandson (son of her daughter) vide a registered deed on 17.10.1958, leaving balance of 36 bigha 6 biswas of land at Chak Nani. It may be relevant to mention here that the gift deed clearly stated that she had given it to Jeet Ram and his wife because they had taken good care of her.;