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2000 Supreme(P&H) 1467

K.C.GUPTA
Niranjan Singh – Appellant
Versus
Ram Nath – Respondent


Advocates Appeared:
For the Appellant :Mr. S.K. Goyal, Advocate.
For the Respondent Nos. 1 to 5:Mr. K.S. Grewal, Advocate.

JUDGMENT

K.C. Gupta, J. - This Regular Second Appeal is preferred by defendant No. 1, Niranjan Singh, against the judgment and decree dated 11.10.1980 whereby his appeal was dismissed by the Additional District Judge, Ambala, and the judgment and decree dated 19.8.1978 passed by Sub Judge II Class, Ambala City, decreeing the suit of the plaintiffs (respondent Nos. 1 to 5), was up-held.

2. Briefly stated, the facts are that Sis Ram was the owner of the suit land measuring 41 Bighas 3 Biswas situated in village Ghagroo, District Ambala besides one house. He, on 23.10.1918, gifted the aforesaid property in favour of his wife, Smt. Bhagwani and his daughter, Smt. Bhagirthi. Admittedly, he had no son. S/Shri Kundan, Phundan and Chandu, predecessors-in-interest of respondent Nos. 1 to 5 (plaintiffs), third decree collaterals of Sis Ram, filed a suit and challenged the said gift on the ground that the suit land was ancestral qua them and Sis Ram and under custom Sis Ram was not competent to make a gift of the ancestral land in favour of his wife and daughter in the presence of third degree collaterals and it would not effect their reversionary rights after the death of Sis Ram. The said su







































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