INDIRA DEVI Vs. VEENA GUPTA

JUDGEMENT

(1.) The appellant herein has challenged the order dated September 26, 2013 passed by the High Court of Judicature at Patna in Second Appeal No. 123 of 2000.

(2.) The facts of the case available on record are being noticed here. Kaleshwar Prasad Singh was inducted as a tenant in the property in question by late Kishori Lal Sahu who was the exclusive owner thereof. He along with his son executed a conditional sale deed dtd. 5/8/1977 in favour of Indira Devi d/o Kaleshwar Prasad Singh. It was mentioned in the sale deed that vendors were in dire need of money, hence, with the consent of family members, conditional sale deed was being executed in favour of the vendee for a total sale consideration of Rs.5000.00. The condition in sale deed was that in case the vendors return the full consideration amount to the vendee by July, 1984, the vendee would return the property by means of a registered sale deed at the cost of the vendors. In case, the vendors fail to pay the consideration money within the stipulated time, the vendee will become exclusive owner of the property. Till then the vendee would not deal with the property in any manner whatsoever.

(3.) Late Kishori Lal Sahu executed a registered gift deed dtd. 14/2/1983 in favour of his daughter-in-law, Veena Gupta w/o Gopal Prasad. The description of the property was detailed out in the Gift Deed, wherein it was stated that the executant was old and the beneficiary was taking care of him, hence the properties are being gifted to her. Number of properties were gifted. It was mentioned therein that the property as mentioned at column no. 5 therein was transferred to Indira Devi by way of registered sale deed dtd. 5/8/1977, which can be purchased back by Veena Gupta from Indira Devi.