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1969 Supreme(Del) 118

I.D.DUA
BRIJ LAL – Appellant
Versus
TUISI – Respondent


I. D. DUA

( 1 ) TWO gift-deeds dated 20-7-1962 and 4-2-1963 respectively were executed by Bhuroo and Kanhiya (defendants Nos. 5 and 6) in favour of defendants Nos. 1 to 4. The plaintiffs instituted a suit on the allegation that the land and the house, which are the subjectmatter of the two gift-deeds, are their ancestral property and, therefore, could not be validly gifted away. Of the donees, two of them are the adopted sons of the adopters. In the suit, the plaintiffs have claimed a declaration that these gifts would not affect their reversionary rights after the death of defendants Nos. 5 and 6. The donees resisted the suit. The plaintiffs relationship was denied and so was ancestral character of the property. It was further pleaded that the gifts had been made in their favour in lieu of services, with the result that even if the property were proved to be ancestral, the gifts were valid. The two donees who claim to have been adopted as sons are Bengali and Aflatu. It was pleaded that as these two persons had been appointed as heirs of the adopters, the plaintiffs had no locus standi to bring the present suit which was, in the circumstances, purely speculative.

( 2 ) THE trial C








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