Bachan Singh and Another vs Waryam Kaur (Smt)

This appeal has been filed on behalf of the plaintiff. One Phula owned some agricultural land and a house. He executed a registered deed of gift on 14-2-1928 in respect of half of his agricultural land and his residential house in favour of Waryam Kaur, the respondent who was his sister's daughter. In the deed of gift, it was recited that after the donee's death, the property in question would revert to the heirs of the donor and the donee shall not be entitled to alienate the property. Phula died in the year 1933. The respondent has remained in possession of the properties throughout. The appellants filed the suit in question in May 1973 claiming to be the tenth-degree collaterals of the donor, for mandatory injunction restraining the respondent from alienating the property of which she was in possession on the basis of the deed of gift aforesaid. The said suit was dismissed by the trial court. However, on appeal being filed by the appellants, the suit was decreed. The High Court has dismissed the said suit pointing out that from the pedigree table shown by the appellants themselves, Puran Singh and Jivan who were eighth-degree collaterals and Tulsi who was fifth-degree collateral were alive whereas the appellants were tenth-degree collaterals. As such, they had no locus standi at that stage to file the suit in question.

During the hearing of this appeal, it transpired that the aforesaid Puran Singh, Jivan and Tulsi have not even been impleaded as parties to the suit. According to us, the High Court was justified in dismissing the suit filed on behalf of the appellants for the reasons mentioned aforesaid. Accordingly, the appeal fails and is dismissed. There shall be no order as to costs.