Judgement

SABYASACHI MUKHARJI, J. :- This appeal by special leave is from the judgment and order of the High Court of Himachal Pradesh dated 27th April, 1978.

2. In order to appreciate the controversy it is relevant to refer the few facts. Prior to 1943 Mst. Sheru alias Bhushehari was having life interest in the properties mentioned in Paragraph 1 of the Plaint in Civil Case No. 159 dated 19-7-1963. She executed a deed of Gift in favour of Shri Dhari, predecessor-in-interest of the appellant in respect of 43-14 bighas of land and a building mentioned in Cl. l(f) of the plaint. On 26-11-1948 Shri Hari Ram filed a Civil Suit No. 63 of 1948 in the Court of Senior, Subordinate Judge, Mandi for possession of the property in terms of the alleged compromise pursuant to which the gift was made to Shri Dhari or in the alternative to get a declaration that the deed of gift should be cancelled on the ground of non-fulfilment of the condition of the compromise deed. Shri Hari Ram, since deceased, the father of the respondents herein and Shri Dhari, since deceased, father of the appellants herein were cousin brothers. Late Rattan and late Keshav had another brothers, Shri Thalia, since deceased.