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1995 Supreme(P&H) 890

N.K.KAPOOR
Kehar Singh – Appellant
Versus
Dharam Singh – Respondent


Judgment

N.K.Kapoor, J.

1. This is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge, whereby the appeal of the defendants has been accepted, thereby dismissing the suit of the plaintiff.

2. The plaintiff filed suit for possession of land to the extent of one half share of the land as per details given in the plaint, situate in village Bhanohar, Tehsil and Distt. Ludhiana on the basis of inheritance.

3. As per the case of the plaintiff, one Chanan Singh son of Bishan Singh, real brother of the plaintiff, was owner of one half share of the land described in the heading of the plaint. That Chanan Singh died intestate issueless and widowless on 15.11.1975 Charan Singh had executed a gift deed of land in favour of Dharam Singh, defendant. This gift was challenged by the plaintiff. The court vide judgment and decree dated 11.7.1968 granted the declaration sought for holding that gift in dispute will not affect the right of reversioners including that of the plaintiff after the death of Chanan Singh. Thus the gift had been set aside by the competent court and there is no preferential heir to succeed to estate of Chanan Singh, the plaintiff,
















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