G.L.OZA - (1.) THESE appeals arise out of the judgment of Punjab and Haryana High Court dated 21-9-1984 in Regular Second Appeal Nos. 1716/78 and 1698/78 wherein the learned Judge dismissed the two second appeals and maintained the judgment of the appellate court i.e. Additional District Judge granting a decree for half share of the property each in favour of Smt. Pan Bai and Smt. Sohan Bai, the two daughters of deceased Smt. Mam Kaur.
(2.) IN order to clearly understand the facts the pedigree of the family would be relevant : JUDGEMENT_265_2_1989Image1.jpg Hazari Singh owned agricultural lands the dimensions and its identity is not in dispute before us and he died in November 1918 leaving beind his widow Smt. Mam Kaur who inherited the property. Hazari Singh had left behind two daughters i.e. Smt. Pan Bai, Plaintiff in the suit out of which second appeal before the High Court was No. 1698/78 and Smt. Sohan Bai who was also a plaintiff in suit out of which second appeal before the High Court was No. 1716/78. In 1944 it is alleged that Smt. Mam Kaur adopted Ranjit Singh grandson of Sanehi Singh and son of Lakhi Singh. This Ranjit Singh had six other brothers and it is alleged that in 1945 Smt. Mam Kaur gifted all the lands which she had inherited from her husband by an oral gift to Ranjit Singh. As regards the two events i.e. adoption and gift there is some controversy in respect of the respective dates. It appears and it was contended by the counsel for the appellants that adoption was first and gift was only a consequential act to accelerate the succession whereas learned counsel for the respondents contended that gift was first whereas adoption was subsequent. But it is not disputed that the gift also is nothing more than an oral gift and the same is about adoption. Munshi Singh and his five brothers filed a suit for declaration challenging this gift and adoption made by Smt. Mam Kaur in favour of Ranjit Singh. By judgment and decree dated 24-7-1947 the suit was decreed and it was held that the adoption of Ranjit Singh was invalid and the gift also was held to be invalid and a declaration was granted in respect of gift so far as it affected the reversionary rights. Against this judgment Ranjit Singh preferred an appeal but this was also dismissed.
(3.) ON 4/06/1963 Smt. Mam Kaur sold away the entire lands to Ranjit Singh and his brothers for an amount of Rs. 50,000.00 . Thereafter to claim-pre-emption a suit was filed by Smt. Pan Bai and the other suit was filed by Munshi Singh and his five brothers on the ground that as reversioners they have a superior right to pre-emption. In these pre-emption matters ultimately the Court held that Smt. Pan Bai had a superior right as compared to Munshi Singh and his brothers and therefore an earlier date was given to Smt. Pan Bai to deposit the sale amount and seek pre-emption failing which her suit was to be dismissed and a later date was given to Munshi Singh and his brothers to deposit the sale amount and opt for pre-emption. Similar condition of dismissal of the suit for failure of depositing the amount was imposed So far as Smt. Pan Bai is concerned she did riot deposit the amount and therefore her suit for pre-emption was dismissed where as Munshi Singh and others deposited the amount and obtained a decree of pre-emption which was executed and they obtained possession and in this manner they stood substituted in the sale. In January 1965 Smt. Mam Kaur died and Smt. Sohan Bai filed a suit bearing, No. 403/65 seeking a decree for possession of half of the share on the plea that in view of the declaratory decree dated 24-7-1947 which was confirmed on appeal that on the death of Smt. Mam Kaur succession had to be traced to Hazari Singh i.e. Sohan Bai's father and she being the direct heir of Hazari Singh was entitled to half share in the land. It was also pleaded that Smt. Mam Kaur had already parted with her widow's estate by gift deed made by her in 1945 in favour of Ranjit Singh and therefore she had no subsisting title which she could transfer by way of sale by the sale deed dated 4-8-63 and thus by this sale deed as she herself had no title she could not convey any title in favour of Ranjit Singh and his brothers. Smt. Sohan Bai's suit was decreed but on appeal it was remanded. In the meantime Smt. Pan Bai also filed a similar suit which was numbering 203/68 to claim possession of the remaining half share on the same ground, as was filed by Smt. Sohan Bai. The two suits were consolidated and the trial court by its judgment dated 2/01/1973 decreed Smt. Sohan Bai's suit but dismissed the suit filed by Smt. Pan Bai on the ground that as Smt. Pan Bai had filed a suit claiming on the basis of pre-emption earlier she was estopped from disputing the validity of sale made by Smt. Mam Kaur. Against this judgment of the trial court losing parties filed their appeals before the Additional District Judge who by his judgment and decree dated 25-9-78 maintained the decree in the suit of Sohan Bai and reversed the trial court judgment in the suit of Smt. Pan Bai and held that both the daughters were entitled to succeed to half share each in the property. Against this judgment the. defendants in Smt. Sohan Bai's case filed a regular second appeal which was No. 1716/78 and defendants in Smt. Pan Bai's case filed regular second appeal which was No. 1698/78 in the Punjab and Haryana High Court. Both these second appeals were disposed of by the impugned judgment of the High Court.;