- (1.) This appeal by special leave arises from the judgment of the Single Judge of the Punjab and Haryana High court made in RSA No. 295 of 1968 dated 14/2/1978. The property belongs to one Mela Ram who left behind him his mother, Radha. The suit property consists of: (A) One pucca 2 and 3 storeyed house bounded on the North : Shop of Abanshi Ram previously of Vir Bhar, on the South : Khola of Nanak Singh and others, on East : House of Nanak Singh, on the West : Kucha Sarbasta and house of Harnam Singh and others as shown in the plan filed herewith by letters ABCDEFG, situated in Village Kahnuwan, Tehsil and District Gurdaspur. (B) One pucca shop with verandha and Thara bounded as follows : North: Thoroughfare, South : Shop of Sohan Lal previously of Lal Singh, East : Shop of Shri Mulk Raj previously of Mohan Lal, West : Shop of Hukum Chand previously of Shri Durga Dass shown in the map filed herewith by letters ABCD situated in Village Kahnuwan, Tehsil and District Gurdaspur. (C) One pucca shop bounded on the North : Thara building on the South : Thoroughfare. On the East : Shop of Chajju Ram previously of Nand Lal, West: Shop of Sat Pal previously of Bishan Dass situated in Village Kahnuwan, Tehsil and District Gurdaspur. (D) Land measuring 123 kanals 15 marlas situated in Village Chak Yaqub as given in the Jamabandi for 1959-60 which copy is filed herewith; Khata Nos. 1,2, 13, 19, 16,3,4,8,7, 18, 11, 12, 119, 120, 122, 111, 125, 124, 123, 116, 117, Khatoni Nos. 1, 2, 14, 20, 19, 4, 5, 9, 8, 19, 12, 13, 124, 125, 127, 116, 130, 129, 128, 121, 122, Rect. 19 Killa No. 20/2 Rect. No. 40 Killa No. 20 Rect. Nil Killa No. 3/3 Rect. No. 4, Killa Nos. 17, 24, 25, Rect. No. 20 Killa Nos. 9/2, 12 Rect. No. 31 Killa Nos. 11/2, 12/1, 19/2, Rect. Nos. 40 Killa Nos. 22/2, 23/1, Rect. No. 42 Killa No. 3/1 Rect. No. 30 Killa No. 1/4 Rect. No. 20 Killa No. 15/3, Rect. No. 30 Killa No. 1/3 Rect. No. 19 Killa No. 11/1, Rect. No. 20, Killa No. 15/4 Rect. No. 30 Killa Nos. 1/2, 11/2, 1/2.3 Rect. No. 17 Killa No. 4/2, Rect. No. 24, Killa No. 2/1 Rect. No. 40 Killa Nos. 19/3, 22/3, 42/2, Rect. No. 41 Killa No. 6/2, Rect. No. 20, Killa Nos. 13/2, 14/1, 17/4, 18/4, Rect. No. 20 Killa No. 13/1, Khasra Nos. 118, 1015,430, 743, 881, situated in Village Chak Yaqub, Tehsil Gurdaspur as entered in Jamabandi 1959-60. (E) Land measuring 27 kanals 9 marlas Khata Nos. 6, 18, Khatauni Nos, 12, 39 Rect. No. 24 Killas Nos. 15, 16, 5, 6, situated in Village Daowal, Tehsil and District Gurdaspur as entered in Jamabandi 1959- 60.
(2.) Radha, by a deed of gift dated 28/2/1922, gifted the property Items 1, 2 and 3 to her grandson by name Shiv Dass, the appellant herein, son of Durga Devi, one of the two daughters of Radha. She also bequeathed Item 4 by a will, Ex. D-2. It would appear that the collaterals had challenged the gift which was the subject-matter of the decision of the division bench of the Lahore High court in Shib Das v. Nand Lal. The High court held that the grandson ofradha had a preferential claim over the collaterals as a reversioner and, therefore, by operation of Punjab Act 2 of 1929, gift of the property to him was held to be valid.
(3.) It would appear that mother of Shiv Dass died in 1924. Radha died on 21/12/1960. Devki Devi, other daughter of Radha, filed the suit for declaration on 12/3/1965, that the gift deed dated 28/2/1922 was invalid and inoperative; so were the alienations made by Shiv Dass, which did not bind her. The trial court decreed the suit in 1967. On appeal, the Additional District Judge, by judgment and decree dated 3/2/1968, affirmed the decree of the trial court and dismissed both the appeals of the appellant as also of Devki Devi. The second appeal was dismissed. Thus this appeal by special leave.;