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SUPREME COURT OF INDIA
K. Venkataswami, N. P. Singh
BACHAN SINGH AND ANOTHER, APPELLANTS
Versus
WARYAM KAUR (SMT.), RESPONDENT.
Civil Appeal No. 4238 of 1986,
decided on August 1, 1996.
Gift Deed - Property Rights - The court dismissed the suit filed by the appellants, who claimed to be collaterals of the donor, on the basis that they had no locus standi to file the suit as per the pedigree table shown by themselves. The respondent, who was the donee in a registered deed of gift, remained in possession of the properties throughout, and the appellants were found to be tenth-degree collaterals with no entitlement to file the suit.
Fact of the Case:
The appellants, claiming to be tenth-degree collaterals of the donor, filed a suit for mandatory injunction restraining the respondent from alienating the property received through a registered deed of gift. The trial court dismissed the suit, but it was decreed on appeal. The High Court, however, dismissed the suit on the grounds that the appellants had no locus standi to file the suit based on the pedigree table they themselves presented.
Finding of the Court:
The court found that the appellants, being tenth-degree collaterals, had no locus standi to file the suit, as per the pedigree table they presented. The High Court's dismissal of the suit was justified based on this finding.
Issues: The main issue was whether the appellants, as tenth-degree collaterals, had the right to file a suit to restrain the respondent from alienating the property received through a registered deed of gift.
Ratio Decidendi: The court's decision was based on the appellants' lack of locus standi as tenth-degree collaterals, as per the pedigree table they presented, which led to the dismissal of the suit by the High Court.
Final Decision: The appeal was dismissed, and there was no order as to costs.
ORDER
1. This appeal has been filed on behalf of the plaintiff. One Phula owned some agricultural land and a house. He executed a registered deed of gift on 14-2-1928 in respect of half of his agricultural land and his residential house in favour of Waryam Kaur, the respondent who was his sisters daughter. In the deed of gift, it was recited that after the donees death, the property in question would revert to the heirs of the donor and the donee shall not be entitled to alienate the property. Phula died in the year 1933. The respondent has remained in possession of the properties throughout. The appellants filed the suit in question in May 1973 claiming to be the tenth-degree collaterals of the donor, for mandatory injunction restraining the respondent from alienating the property of which she was in possession on the basis of the deed of gift aforesaid. The said suit was dismissed by the trial court. However, on appeal being filed by the appellants, the suit was decreed. The High Court has dismissed the said suit pointing out that from the pedigree table shown by the appellants themselves, Puran Singh and Jivan who were eighth-degree collaterals and Tulsi who was fifth-degree collateral were alive whereas the appellants were tenth-degree collaterals. As such, they had no locus standi at that stage to file the suit in question.
2. During the hearing of this appeal, it transpired that the aforesaid Puran Singh, Jivan and Tulsi have not even been impleaded as parties to the suit. According to us, the High Court was justified in dismissing the suit filed on behalf of the appellants for the reasons mentioned aforesaid. Accordingly, the appeal fails and is dismissed. There shall be no order as to costs.
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