- (1.) This is appeal by Nand Singh and Tara Singh plaintiffs against Smt. Sujan Kaur. It is directed against the judgment and decree of Shri H.S. Bhandari, District Judge, Patiala dated February 1, 1961, affirming on appeal that of Shri Joginder Singh, Sub-Judge 1st Class, Patiala dated October 31, 1960 dismissing the suit of the plaintiffs for possession of agricultural land.
(2.) The facts leading to the appeal are as under :- Sunder Singh of village Gajewas owned agricultural land situate in that village measuring 110 bighas and 9 biswas. He had two daughters, Kirpal Kaur and the defendant. Kirpal Kaur was married to the father of the plaintiffs. By gift deed dated July 22, 1957, Sunder Singh alienated this agricultural land in favour of the defendant. The gift deed executed was got registered. On November 5, 1959, the plaintiffs filed suit for declaration to the effect that they were entitled to half of the agricultural land measuring 110 Bighas 9 biswas alienated by gift in favour of the defendant and that the gift was without transfer of possession and was not binding on them. Apart from Sujan Kaur having been impleaded as defendant No. 1, Sunder Singh was impleaded as defendant No. 2. During the pendency of the suit, Sunder Singh died. Suit for declaration was converted into one for possession of half of the agricultural land transferred by gift by the donor. In the suit, it was pleaded that the plaintiffs being sons of Kirpal Kaur, daughters of the donor were entitled to one-half share in the agricultural land left by Sunder Singh as he died without leaving any male issue or any collateral. They also averred that possession of the land donated in favour of the defendant had not been delivered by the donor to the donee. The defendant resisted the suit averring that the donor was entitled to alienate the entire agricultural land to the defendant to the exclusion of the mother of the plaintiffs and the plaintiffs. It was asserted that the possession of the land gifted in favour of the defendant had been delivered to her on the date, the gift deed was executed and registered.
(3.) The above controversy between the parties gave rise to the following issues :- (1) Has defendant No. 2 made a gift of the lands in suit in favour of defendant No. 1 ? (2) Are the plaintiffs sons of the daughter of defendant No. 2 ? (3) If so, have they a locus-standi to bring this suit ? (4) Is this suit barred by Section 42 of the Specific Relief Act ? (5) Has defendant No. 1 caused any improvements to the land and if so to what effect ? (6) Are the defendants entitled to special costs ?;