2024 INSC 965
REPORTABLE
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8244 OF 2009
SMT. NARESH KUMARI & ORS. …APPELLANT(S)
Versus
SMT. CHAMELI & ORS. …RESPONDENT(S)
J U D G M E N T
SUDHANSHU DHULIA, J.
1. The appellants / plaintiffs are before this Court against the
judgement of the Punjab & Haryana High Court dated 20.08.2009,
whereby the second appeal of the respondents / defendants was
allowed and the concurrent decisions of the courts below, which
had decreed the suit, were set aside.
The facts are as follows:
2. Land measuring 38 Bighas 8 Biswas (hereinafter “suit land”)
was gifted by one Rai Bahadur Randhir Singh (“donor”) to
Sanwalia, Ratiram and Sheochand, all sons of one Chhailu
(“donees”) in 1953. The oral gift was duly executed and mutation
2
was carried out in favour of the donees on 13.12.1953. The
possession of this land was also given to the donees on 13.12.1953.
Things remained peaceful, for 45 long years, then a suit was
filed in the year 1998 for declaration and for possession, or more
precisely for resumption of this property. The case of the plaintiffs
was that they are the heirs of the erstwhile donor and that the suit
land was gifted in lieu of the services, which had to be rendered by
the donees and their heirs to the donor and his heirs lifelong. It
was then asserted that s...