KIRLU S/O. KHARKU AND ORS. Vs. MST. KISHAN DEI AND ANR.

JUDGEMENT

(1.) ON 7.8.1944, Kirlu, Anant Ram and Rulia instituted the suit out of which this appeal has arisen for declaration in respect of 12 kanals 18 marlas of land with shares in shamilat situate in Sangharal Tappa Nanawun, Tahsil Hamirpur, that the oral gift of one fourth share of his holding made by Ghansara Defendant 2 to his daughter Mst. Kishan Dai Defendant 1 was invalid and not binding on the Plaintiffs, collaterals of the alienor. Mst. Kishan Dai, Defendant 1 contested the suit. On the pleadings of the parties the following issues were fixed by the trial Court:

(2.) IS the land in suit ancestral qua the Plaintiffs?

(3.) WHETHER the gift in dispute is valid?