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1972 Supreme(P&H) 250

RAJENDRA NATH MITTAL
Malkiat Singh – Appellant
Versus
Gram Panchayat Sekha Kalan – Respondent


Judgment

, J.

1. This appeal has been filed against the judgment and decree of the Senior Subordinate Judge, Ferozepore, dated October 11, 1961, who affirmed the judgment and decree of the trial Court by which the suit of the plaintiffs had been dismissed.

2. The facts which have given rise to this litigation are the Santa Singh the father of the plaintiffs was the owner of the land in dispute, which was sold by him along with some other land to Ujagar Singh and Bikar Singh. The plaintiffs filed a suit of possession by pre-emption, which was decreed. The Revenue Officers entered a mutation of gift bearing No. 4657 of the land in dispute in favour of a school situated in Sekha Kalan, which was managed by the defendant and the same was sanctioned on January 16, 1968. According to the plaintiffs, the mutation in favour of the school is illegal, void and ineffective as their father never made a gift of that property in favour of the school. It is further stated that the gift could not be effected orally by their father as the Transfer of Property Act, 1882 was applicable in the State of Punjab and that the consolidation authorities had no right to attest such a mutation. The defendant c










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