The land of 331 Kanals and 11 Marlas of the Khasra numbers which
are given in plaint. The plaintiffs were the sons of Smt. Premi, a daughter of
Sham Singh (Deceased), the original owner of the plots, and of Smt. Malan, who
was the widow of Sham Singh, had gifted the plots in dispute in 1935, half and
half, to the plaintiffs and Smt. Khemi, the younger sister of their deceased
mother, Smt. Premi. Smt. Khemi, who was issueless, had also made a gift in
favour of the Plaintiffs before her death in 1944. The plaintiffs are, said to
have obtained possession of the whole land in dispute thus gifted to them.'
But, as there was considerable uncertainty at that time about the rights of the
daughters and the_ powers of a widow to donate during her life time under the
customary law in Punjab, which was applicable to the parties, the respondents,
the 8th degree collaterals of Sham Singh, had filed a suit for possession of
the land in dispute. This suit had been stayed Indian Soldiers
(Litigation) Act, 1925, to the benefits of
which the plaintiffs were entitled. There was also a dispute over mutation of
names between the plaintiffs and defendants in revenue.
The defendants had
taken illegal and forcible possession of the land in dispute after the decision
of the Court and that, as the defendants refused to deliver possession of the
land to the plaintiffs, they were compelled to file their suit for possession.
The defendants claimed that they had taken possession over the whole of the
land in dispute after the death of Smt. Khemi, issueless, in 1944, and that,
since then, they had been in open, continuous, exclusive possession as owners,
adversely to the rest of the world.
The High Court ended
finally by an order in favour of the appellants donees passed by the Financial
Commissioner of Punjab. Defendants-Respondents' suit of 1940, for declaration
of rights and possession, renumered in 1949, ended with the judgment and decree
of a Division Bench of the Punjab High Court passed in favour of the appellant(plaintiff). The parties will bear-their own costs throughout.
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