J.V. Gupta, J. - (1.) THIS is Defendant's Second Appeal against whom suit for possession was dismissed by the trial Court but decreed in appeal.
(2.) PIARA Singh filed the suit for declaration to the effect that he along with Hukam Singh, Defendant No. 2, was the owner -in -pos -session of the land measuring 2K 9M in equal shares; that Shmt. Gita Devi alias Gian Kaur, Defendant, had no right, title or interest in the same and that Mutation No. 2125 sanctioned in her favour regarding the suit land on the basis of a gift deed Ex D5, dated 11th November, 1970, was wrong, illegal and invalid. In the alternative, possession of the suit land was claimed. The suit land, admittedly, belonged to Devi Chand, son of Jiwan Singh who died on 31st March, 1971 The Plaintiff and Hukam Chand, Defendant No. 2 were the sons of Labh Singh, brother of Jiwan Singh, i.e., nephews of Jiwan Singh, and, as such, they were the heirs of Devi Chand After the death of Devi Chand, Shmt. Geeta Devi, Defendant, got the mutation regarding the suit land sanctioned in her favour on the basis of gift deed Ex. D5, dated 11th November 1970, and also claimed herself to be the widow of Devi Chand. The Plaintiff denied her status and also the execution of the said gift deed in her favour by Devi Chand deceased. It was further pleaded that Devi Chand was not competent to execute the gift deed Ex. D5 under custom by which the parties were governed, as the land was ancestral.
(3.) IN the Written Statement filed on behalf of Gita Devi, Defendant, she pleaded inter alia, that her name was Gian Kaur, and not Gita Devi; that she was the widow of Devi Chand; that the latter had gifted her the suit property and the mutation was, therefore, rightly sanctioned in her favour She claimed herself to be the nearest heir to the estate of Devi Chand, being her widow, and denied existence of any custom debarring Devi Chand from executing the gift deed.;