The Supreme Court of India, dismissed an appeal challenging a Punjab & Haryana High Court judgment that had overturned a trial court's decree concerning resumption of gifted land. The apex court ruled that the conditional oral gift executed in 1953, based on the donor's services, could not revert to the plaintiffs (heirs of the donor), as the conditions alleged were either unconstitutional or unenforceable in perpetuity. The court highlighted the absence of clear evidence on breach of conditions and reiterated the significance of equitable principles under the Transfer of Property Act, 1882 (TPA), even though it was not applicable in Punjab in 1953.

1. Background:

   • Land measuring 38 Bighas 8 Biswas was orally gifted in 1953 by the donor (Rai Bahadur Randhir Singh) to the donees in exchange for "services until life."
   • Plaintiffs (donor's heirs) sought resumption of the land in 1998, alleging discontinuation of services.

2. Contentions:

   • Plaintiffs: Land gifted conditionally; stopped services warranted reversion.
   • Defendants: Denied cessation of services; contended the suit was time-barred and maintained absolute ownership since 1953.

3. Court Findings:

   • Trial and First Appellate Court: Found in favor of plaintiffs based on the life-interest claim.
   • High Court: Reversed decisions on grounds of limitation and lack of evidence supporting the condition's breach.

4. Supreme Court Decision:

   • The gift's conditions were unenforceable in perpetuity.
   • Plaintiffs failed to establish a breach with substantive evidence.
   • The case did not justify resumption after 45 years of peaceful possession.

Acts and Sections Discussed:

1. Transfer of Property Act, 1882 (TPA):

   • Section 122: Definition of a gift.
   • Section 123: Requirement of registration for immovable property.
   • Section 126: Suspension or revocation of gifts.
   • Section 127: Onerous gifts and their enforceability.

2. Constitution of India:

   • Article 23: Prohibition of forced labor.
   • Articles 14 and 21: Fundamental rights ensuring equality and liberty.

3. Punjab Security and Land Tenures Act, 1953:

   • Context of land reforms and redistribution impacting land transfers during the period.

Ratio Decidendi:

1. Perpetual Service Conditions Unenforceable:

   • The clause requiring perpetual services from donees and their heirs amounts to forced labor, violating constitutional rights (Article 23).

2. Equity and Justice:

   • Principles under TPA, though not applicable in Punjab in 1953, are enforceable through equity and good conscience.

3. Long Possession and Delay:

   • Plaintiffs failed to substantiate their claims, and the delay of 45 years post-gift execution weakens their case.

4. Interpretation of "Services":

   • The term "services" in the gift deed was restricted to past or lifetime services of the donor, rendering indefinite obligations invalid.

Subjects:

Land Gift, Conditional Gifts, Perpetual Obligations, Constitutional Rights, Property Law

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• #TransferOfPropertyAct
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• #ForcedLaborProhibition
• #LandReforms
• #EquityAndGoodConscience