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1978 Supreme(P&H) 32

S.S.DEWAN
Shiv Dass – Appellant
Versus
Devki – Respondent


Judgment

1. This judgment will dispose of two regular second appeals No. 295 of 1968 by Shiv Dass and others and No. 765 of 1968 by Smt. Devki, which are directed against the judgment of the Additional District Judge, Gurdaspur dated 3rd of February, 1968, whereby the learned Judge dismissed the appeals, upholding the findings of the trial Court on the issues mooted before him.

2. The facts giving rise to the litigation at the instance of Smt. Devki may be set out briefly :-

Mela Ram was the last male-holder of the property in dispute consisting of a house, two shops and two pieces of agricultural land referred to in the heading of the plaint as A , B , "C, D and E respectively. On his death in the year 1913, the property devolved upon his mother Smt. Radhan, as a limited estate. She made a gift of the property A , B , C and D in favour of Shiv Dass, her pre-deceased daughter s son through a registered gift deed dated 28th of March, 1922. Smt. Radhan died on 21st of Dec. 1960. In between Shiv Dass made several alienations of the properties. The family is admittedly governed by Hindu Law in the matter of alienation and succession. Nand Lal and other reversioners of Mela Ram filed a d




























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