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2015 Supreme(P&H) 1782

RAJIV NARAIN RAINA
Ram Singh deceased through his L. Rs. – Appellant
Versus
Nawal Singh deceased through his L. Rs. – Respondent


Advocates Appeared:
For the Appellant : Ajay Chaudhary.
For the Respondent: P.R. Yadav.

JUDGMENT :

Rajiv Narain Raina, J.

The issues which appear to give rise to two substantial questions of law involved for determination in this defendants second appeal are:

[1] As to whether the construction of the revenue entry in the Jamabandi of the year 1877 makes it a gift or an entrustment or a grant by way of a dohli for private religious purposes in lieu of spiritual services rendered to original owner. If it is of the first kind then no restrictions can be imposed by donor on the property and donee (appellant) is free to alienate, lease, rent or deal with the property according to his own choice. If the case falls in the second/third parts then the dohli in favour of the defendant appears to be inalienable in view of restriction placed by owner against sale or mortgage. If it is inalienable then dohlis could not have further leased out disputed property to the third party defendant/appellants in the year 1986. What is the position in law and on facts?

[2] The other substantial question arising is whether the 95 year lease to defendant-8 by the dohlidars amounts to permanent alienation or sale of dohli land and, therefore, falls within the severe restrictions imposed by original



























































































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