Judgment

H.K. Sema, J.—Dewan Niranjan Prasad was ex-Minister and a retired Senior Judge of the High Court of Patiala. He had an ancestral kothi known as ‘Nishkam’ situated at 23, Bhupender Nagar Road, Patiala, Punjab. He had two sons, namely - Sh. K.J. Khosla and Sh. N. Khosla and three daughters namely Smt. Rajlakshmi (respondent No. 1 herein whose appeal stands abated), Smt. Nirmala and Smt. Saraswati. Since the kothi was an ancestral property, Dewan Niranjan Prasad and his two sons were the coparceners.

2. On 14.10.1956, Dewan Niranjan Prasad had gifted three plots of land forming part of the kothi in its rear portion to his three daughters with the consent of his wife - Smt. Amar Devi and his two sons. The said gift was duly recorded in the family near book known as "Dussehra Bahi". The said gift was conditional and the condition was that the beneficiaries would construct houses on the gifted plots and shall reside there. The said gift of plots to his three daughters was affirmed by Dewan Niranjan Prasad through a registered deed on 10.6.1961. However, possession was not delivered. In 1966 Smt. Saraswati died and was survived by her husband B.S. Talwani and sons, respondent No. 3