In Brief
In this partition suit, the executors of Chaman Lal claimed that only half of a plot (measuring 3 Biswas and 11 Bighas) was gifted to Gurdev Kaur in 1958, while Kamlawati (the subsequent purchaser) asserted the entire land was gifted. The trial and first appellate courts decreed partition into equal halves, but the High Court reversed, holding the entire land was gifted based on a retranslation of the Urdu gift deed. The Supreme Court upheld the High Court, finding that construction of a document of title raises a question of law, not fact. The gift deed's language, the unified possession, the 1969-70 mutation of the whole land in Gurdev Kaur's name, and the prolonged conduct of the parties all confirmed the entire land was gifted. The appeal was dismissed.
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