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 companylaterals and Tulsi who was fifth degree companylateral were alive whereas the appellants were tenth degree companylaterals.
The appellants filed the suit in question in May 1973 claiming to be the tenth degree companylaterals 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.
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 sisters daughter.
In the deed of gift, it was recited that after the donees death, the property in question would revert to the heirs of the donor and the donee shall number be entitled to alienate the property.
The said suit was dismissed by the trial companyrt.
One Phula owned some agricultural land and a house.
Phula died in the year 1933.
However, on appeal being filed by the appellants, the suit was decreed.
The respondent has remained in possession of the properties throughout.
