JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The subject matter of dispute is half of the land measuring 3 Biswas and 11 Bighas out of Khasra No. 1252, Khata No. 318/563 in Dholewal, Ludhiana. The land was purchased by Chaman Lal (late appellant) from one Mansa Ram on 30.7.1949. A gift deed was executed on 10.3.1958 by Chaman Lal in favour of late Smt. Gurdev Kaur, his stepmother. The controversy relates to the fact whether suit was in respect of half portion of the total land or the whole land was gifted to late Smt. Gurdev Kaur.

2. It cannot really be disputed that the possession of the land remained with late Smt. Gurdev Kaur. It appears that no mutation was made till the jamabandi of 1969-70 when the whole land was mutated in the name of Smt. Gurdev Kaur, who soon thereafter, sold the land to Smt. Kamla Wati on 15.3.1971. The consequent mutation was made on 24.10.1972.

4. The dispute arose from the filing of suit for partition by late Sh. Chaman Lal on 22.08.1987. In the suit claim was sought to be laid that what was gifted was only half of the total land. Late Smt. Gurdev Kaur was arrayed as the 1st defendant and Smt. Leelawati as the IInd defendant.

5. Pendente lite the land was re sold b