TIRATH Vs. MANMOHAN SINGH

JUDGEMENT

(1.) This order will dispose of Regular Second appeals Nos. 589 ad 419 of 1980, as both have been filed against the same order.

(2.) The plaintiff-appellant has filed this a appeal against the judgment and decree of the Additional District Judge, Jullundur, dated 12th November, 1979, whereby the decree of the trial Court dismissing the plaintiff's suit was maintained.

(3.) Natha Singh, grand-father of the plaintiffs Tirath Singh and Harbhajan Singh and Mehnga Singh, defendant, was the owner of the suit lan. After his death, the land was mutated in favour of Smt. Banti widow of Santa Singh, (wife of pre-deceased son of Natha Singh). In the year 1942, the plaintiffs filed a suit for possession of the said land on the ground that Natha Singh had executed a will dated 4th July, 1938, in their favour. The suit was compromised and on the basis of that compromise, 20 Ghumaons of land was given to Smt. Banti by way of maintenance and she was given restricted estate, inasmuch as she was to keep this 20 Ghumaons of land in her possession till her death and not to alienate the same in any matter. Meanwhile, consolidation of holdings took place in the village and she gifted the land measuring 136 Kanals 10 Marlas to Manmohan Singh and Manjit Singh sons of Puran Singh Defendants by means of a gift-deed dated 27th January, 1976.