OR In the alternative a decree for declaration to the effect that the defdt.
The Trial Court had rightly decreed the suit on the alternate prayer.
Hoshiarpur, after removal of all types of Malba.
15/18, Khasra No.
Subsequently, an agreement dated 25.8.1988 was executed by the Principal of the Doaba Public School and the President of the Doaba Education Society.
3.5 On the death of Balwant Singh in 1995, his widow Balwinder Kaur Respondent No.1 herein became the owner of the suit property.
However, the Court granted the alternate relief prayed for.
3.10 The present Appeals have been filed by the Appellants who are the legal representatives of Smt.
The Gift was executed for the specific purpose of advancing the cause of education of children of the area, for which the property was transferred with all rights to the Doaba Public School, run by the Doaba Education Society, Garhshankar.
The Trial Court held that the Respondent No.2School was the duly appointed trustee in possession of the land of 4 kanals 10 marlas donated by the plaintiffs.
The Gift Deed was executed by the Donar viz Smt.
The Court held that as the School failed to produce any Resolution passed by the Doaba Education Society empowering the Principal to enter into an exchange of the property of the School.
It was further submitted that the Gift Deed had numbercondition wherein it companyld be cancelled by the Donor.
The Principal and the President of the school in Garhshankar entered into this companylusive transaction, whereby Balwant Singh the then Principal became the owner of the suit property.
Randhir Kaur the donor of the suit property.
As a companysequence, the school number became the lessee, and the Principal became the owner of the suit property.
2879 and 4771 of 2015.
The Court set aside the judgment of the Trial Court, and declared that the cancellation of the mutation in favour of the Respondent herein was number companyrect.
This document was never produced before the Courts below.
Randhir Kaur the donar of the suit property and therefore filed Civil Suit No.
The Appellants divested themselves from any right of title in the suit property which was passed to the Donee.
The Trial Court held that the exchange was clearly illegal, in the absence of any resolution passed by the Society.
Randhir Kaur, the predecessor of the Appellants herein.
Date 2019.05.06 164957 IST Reason The background facts in which the present Appeals have been filed, briefly narrated are as follows 3.1 The predecessorintitle of the suit property Smt.
756/567 410 , as entered in Jamabandi 199495 situated in the area of villpersona, M.B. No.
The exchange was illegal and unauthorized, since there was numberResolution passed by the Doaba Education Society which was running the school in favour of the President to exchange the land owned and vested in the School pursuant to the Gift Deed.
The Respondents produced for the first time a companyy of a Resolution dated 1.8.1988 in favour of Mohinder Singh, the President of the Society to sell or exchange the Schools property.
The Respondent No.1 had numberright to use the suit property for any other purpose, except the educational activities of the Respondent No.2School.
Randhir Kaur w o Harnandan Singh vide a registered Gift Deed dated 27.05.1981 donated a property admeasuring 4 Kanals 10 Marlas of land bearing Khata No.
The oral exchange of lands on 1.8.1988 between the Principal of the School, and the President of the Doaba Education Society, was later reduced in writing by virtue of an agreement dated 25.08.1988.
The First Appellate Court and the High Court companyfined their discussion only with respect to the prayer for declaration for possession of the suit property.
Since the exchange was held to be illegal, the Appellants were granted the alternative relief prayed for, i.e. a declaration that the Doaba Education Society as the owner in possession of the land.
The present Appeals have been filed against the companymon judgment and order dated 25.05.2018 passed by the Punjab and Haryana High Court in RSA Nos.
The entries in the revenue record be companyrected in favour of the Respondent No.2 School as owner and in possession of the suit property.
Randhir Kaur through her husband as power of attorney holder.
3.7 The Trial Court vide its detailed judgment and order dated 29.07.2011 partly allowed the suit filed by the appellant herein.
The authenticity of this document has number been proved.
The High Court vide impugned judgment dated 25.5.2018 affirmed the order of the First Appellate Court.
The Appellants have inter alia companytended that the donation of the suit property was for the benefit of the students of the School the transfer exchange by Balwant Singh husband of Respondent No.1 who was the Principal of the School, was illegal and vitiated by ulterior motives.
3.8 Respondent No.1 filed an appeal before the Additional District Judge.
The first prayer for decree of possession companyld number be granted pursuant to the registered Gift Deed, the land had vested in the School.
The Court ordered that the mutation of exchange No.1824 be set aside, being illegal, null and void.
The Appellant Court and High Court companypletely vest right of the alternate prayer made by the Appellant.
The Gift Deed was witnessed by Mr. Ujjagar Singh, Nambardar, Parowal.
The Appellate Court was of the view that the Appellants have numberlocus standi to agitate the matter, because she was left with numberconcern over the suit property after the execution of the Gift Deed.
4.2 The purported oral exchange dated 01.08.1988, followed by the Agreement dated 25.08.1988, between Balwant Singh, the then Principal of the Doaba Public School, with Mohinder Singh the President of the School, was a wholly companylusive and illegal transaction.
We did number permit the Respondent to place additional documents on record at the fag end before this Court.
The second witness was Mr. Balwant Singh, the Principal of the School.
Thereafter, he executed a leasedeed dated 27.05.2002 of the School property, showing the School to be the lessee.
The cancellation of the Gift Deed companyld number be companysidered.
66 of 2001, wherein she prayed for the following two reliefs It is, therefore, prayed that decree for possession of land measuring 4 kls 10 mrls bearing Khewat number94, Khatauni number 124 Khasra No.
3.2 The suit property was duly mutated in the name of the Doaba Public School vide Mutation Entry dated 04.12.1981.
766/567 410 situated at Parowal Tehsil Garhshankar to Doaba Public School, Garhshankar hereinafter referred to as the suit property.
This exchange included the land admeasuring 4 Kanals 10 Marlas which had been donated by Smt.
The school companyld number have been divested of the ownership of the suit property by the socalled exchange mentioned above.
Once the registered Gift Deed had been executed without reserving any right in the suit property, it companyld number be revoked.
3.3 The Respondents companytend that by an oral memorandum of exchange on 1.8.1988, the Principal of Doaba Public School Mr. Balwant Singh, and Mr. Mohinder Singh, the President of Doaba Education Society, purportedly exchanged the land of the School admeasuring 24 Kanals in Tehsil Garhshankar, with the personal land owned by Mr. Balwant Singh in Village Khanni, Tehsil Garhshnakar.
By the exchange the Principal Balwant Singh claimed ownership over the suit property.
The Respondent No.1 had the mutation of the suit property changed into his own name.
3.9 Aggrieved by the said judgment, the Appellants filed a Second Appeal before the High Court of Punjab and Haryana.
Signature Not Verified Aggrieved by the impugned judgment, the Appellants have Digitally signed by MUKESH KUMAR filed the present Appeals.
INDU MALHOTRA, J. Leave granted in both the Special Leave Petitions.
3.4 Mr. Balwant Sing, Principal had the lands of the school mutated in his own name on 29.10.1988 vide mutation of exchange number1824, based on the aforesaid agreement of exchange.
3.6 Smt.
The Respondent No.2 had sought to exchange 24 Kanals of unarable, unirrigated land situated in a remote village of Khanni located in the Shivalik foothills for the valuable property of the School.
TheGarhshankar, Distt.
