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2004 Supreme(P&H) 97

HEMANT GUPTA
Jagge Singh – Appellant
Versus
Sawan Singh (Deceased) Through Lrs. – Respondent


Judgment

Hemant Gupta, J.

1. Defendants are in appeal against the judgment and decree passed by the learned Additional District Judge, Jind granting decree for possession to the extent of 2/3rd share of Mewa Singh in favour of the plaintiff.

2. The dispute is regarding the estate of Mewa Singh who died issuless. On 16.9.1980, Mewa Singh gifted his entire land measuring 99 kanals 9 Marlas in favour of grand son of Mohar Singh. Mohar Singh is the brother of Mewa Singh. Plaintiffs Sewa Singh and Jagta are two other brothers of Mewa Singh, who filed the present suit for possession alleging therein that the parties are agriculturists, Jat Sikhs and are governed by customs of State of Punjab and Haryana wherein the agricultural land cannot be alienated without any legal necessity. The parties sustain themselves only on agricultural income and not on other source of income. To controvert such pleas, the defendants pleaded that the land is self-acquired property and Mewa Singh had a right to execute the gift deed. Defendants have also pleaded that for the services rendered, the deceased Mewa Singh executed the gift deed which cannot be disputed by the plaintiffs in the present suit.

3. On t































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