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1977 Supreme(SC) 161

P.K.GOSWAMI, P.N.SHINGHAL, Y.V.CHANDRACHUD
Teg Singh – Appellant
Versus
Charan Singh – Respondent


Advocates:
K.R.NAGARAJA, P.N.PURI, P.P.JUNEJA, S.K.MEHTA

Judgment

CHANDRACHUD, J.- One Mula executed a registered gift-deed in favour of appellant No. 13, Bhagwati Devi, on December 3, 1964. On April 29, 1965, appellants 1 to 12 claiming to be potential reversioners filed suit No. 143 of 1965 against the donor and the donee for a declaration that under the Punjab Custom (Power to Contest) Act 2 of 1920, the gift-deed was not binding on them. The suit was decreed by the trial Court on May 31, 1966 and that decree was confirmed in appeal on October 16, 1967.

2. In between, on July 10, 1966 Mula adopted the respondent. On March 11, 1970, appellant No. 13 executed in favour of appellants 1 to 12 a lease in respect of the property which was the subject-matter of the gift, Mula died on August 28, 1971.

3. On December 13, 1971 respondent filed the present suit against the appellants for possession of certain properties including the property which Mula had gifted to appellant No. 13. The suit was decreed by the trial Court on January 29, 1971 and that decree was confirmed in appeal by the District Court and the High Court.

4. On June 3, 1976 appellants filed a special leave petition in this Court challenging the High Court judgment. They raised, in







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