D.B.LAL
Hari Ram – Appellant
Versus
Harbans Singh – Respondent
JUDGMENT :- This second appeal has been brought by the plaintiffs Hari Ram and Ram Kishan from the decision dated 9th March, 1970 of the Additional District Judge, Kangra, wherein, agreeing with the decision of the Sub-Judge, Kangra, he has dismissed their suit for recovery of possession over 114 Kanals and 13 Marias of land situate in Tika Ghatota of Tehsil Nurpur.
2. According to plaintiffs, the disputed land originally belonged to one Bihari Rajput of Tehsil Nurpur. He died, leaving his widow Banti who gifted the disputed land under two deeds of gift dated 5-10-1938 and 25-11-1938 in favour of her only daughter Kaushalya. After the death of Kaushalya in 1940, her husband Harbans Singh got possession over the land and the mutation No. 125 was made in his favour in the revenue papers. In the year 1943 Hari Ram and Ram Kishan, present plaintiffs, filed a suit before the Sub-Judge, Kangra, for a declaration that they were reversioners of Banti who was a limited owner and would be entitled to get the disputed land from Harbans Singh after her death. The learned Sub-Judge dismissed the suit on 14-10-1944 (Ex. DE) holding that Kaushalya was the only heir of Banti and therefore
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