http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 8

CASE NO.:

Appeal (civil) 4426 of 1999

PETITIONER:

Saroop Singh

RESPONDENT:

Banto & Ors.

DATE OF JUDGMENT: 07/10/2005

BENCH:

S.B. Sinha & R.V. Raveendran

JUDGMENT:

J U D G M E N T

S.B. SINHA, J :

The first defendant in the suit is in appeal before us. The plaintiff-

respondents filed a suit for possession and permanent injunction, being Suit

No.218 of 1994.

One Shadi admittedly was the owner of the suit property. He left

behind his widow, Indira Devi, who inherited the same. On or about

7.1.1955, by a deed of gift Indira Devi donated the suit property in favour of

the Appellant herein. One Harnama son of Jatti and Nathu son of Chetu (as

reversioners of said Shadi) filed a suit being Suit No.204 of 1957

challenging the legality of the said deed of gift, contending that said Indira

Devi had a limited life interest therein.

In terms of a judgment and decree dated 31.1.1958, the said suit was

decreed. The said Indira Devi is stated to have died subsequently. Her date

of death is not known. The Appellant \026 First Respondent contended that she

died at Haridwar in the year 1961. W