Naresh Kumari vs Chameli - 2024 Supreme(SC) 1175

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1175

SUDHANSHU DHULIA, PRASANNA B. VARALE
Naresh Kumari – Appellant
Versus
Chameli – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Vivek Singh, Adv. Mr. Irshad Ahmad, AOR Mr. Ram Swarup Sharma, AOR
For the Respondent(s): Mr. Rameshwar Prasad Goyal, AOR Mr. Shubham Bhalla, AOR

JUDGMENT :

SUDHANSHU DHULIA, J.

1. The appellants / plaintiffs are before this Court against the judgement of the Punjab & Haryana High Court dated 20.08.2009, whereby the second appeal of the respondents / defendants was allowed and the concurrent decisions of the courts below, which had decreed the suit, were set aside.

The facts are as follows:

2. Land measuring 38 Bighas 8 Biswas (hereinafter “suit land”) was gifted by one Rai Bahadur Randhir Singh (“donor”) to Sanwalia, Ratiram and Sheochand, all sons of one Chhailu (“donees”) in 1953. The oral gift was duly executed and mutation was carried out in favour of the donees on 13.12.1953. The possession of this land was also given to the donees on 13.12.1953.

Things remained peaceful, for 45 long years, then a suit was filed in the year 1998 for declaration and for possession, or more precisely for resumption of this property. The case of the plaintiffs was that they are the heirs of the erstwhile donor and that the suit land was gifted in lieu of the services, which had to be rendered by the donees and their heirs to the donor and his heirs lifelong. It was then asserted that since the defendants have stopped rendering these services a