DEVAN GOPE @ DEVNANDAN YADAV Vs. PAVITRI DEVI

JUDGEMENT

(1.) The appellants are the defendants in the suit. The suit was filed by the respondents-plaintiffs, who are the descendants of one Tukru Gope, while the appellants are the descendants of one Palat Gope, brother of Tukru Gope. Alleging that no partition has taken place, the respondents, being the plaintiffs, initiated the present suit.

(2.) In the suit, the appellants, marked Exhibit D, a gift deed executed by the first plaintiff in favour of his daughter (now arrayed as appellant, pursuant to the death of the original plaintiff), stating that a partition had indeed affected and, therefore, the property in his exclusive possession was being gifted to her. The subject matter of the gift deed forms part of the suit properties. Taking note of the same, the Trial Court was pleased to hold that there was indeed a prior partition and that the property standing in the name of Patat Gope was his self- acquired property. Aggrieved, the respondents filed the appeal.

(3.) The First Appellate Court was also pleased to hold that the property standing in the name of Palat Gope and the appellants herein would constitute their self-acquired property and accordingly, confirmed the judgment and decree of the Trial Court to that extent. However, without disturbing the findings of the Trial Court, the First Appellate Court held that the gift deed could not be relied upon, as it had not been explained as to how it came to be registered on the very next day of filing of the suit, inasmuch as the defendants/appellants had not proved the gift deed.