MANRAKHAN Vs. GAMBHIRA

JUDGEMENT

(1.) This second appeal preferred by the appellants/Lrs. Of original plaintiff was admitted for hearing on 15/01/2015 by formulating the following two substantial questions of law :-

(2.) Original plaintiff as well as defendant No. 2 both are sons of defendant No. 1 namely Gambhira, who out of his free will and desire, executed relinquishment deed dated 29/07/1985 (Ex. P/1 / Ex. D/9) in favour of his son/defendant No. 2 thereby, relinquished the suit property shown in Schedule 'A' and 'B' annexed with the plaint in his favour and got it registered in accordance with the provisions of Indian Registration Act, 1908. Plaintiff filed a suit, during the lifetime of his father Gambhira and impleading him as a party/defendant No. 1 stating inter-alia that he be declared the co-owner of the suit property as the suit property is the ancestral property of the parties and decree with regard to that be granted in his favour. In alternative, averment was also made by the plaintiff that the relinquishment deed executed by his father defendant No. 1 in favour of his brother defendant No. 2 on 29/07/1985 (Ex. P/1 / Ex. D/9) is illegal and bad in law and the mutation made on that basis is also illegal, therefore, appropriate decree be granted in his favour.

(3.) Defendants No. 1 and 2 resisted the claim of the plaintiff stating inter alia that the suit property is the self-acquired property of defendant No. 1 which he purchased on 24/05/1978 by his own income and as such, he can relinquish the said suit property in favour of his other son i.e. defendant No. 2, therefore, plaintiff has no right or title over the suit property and the relinquishment deed (Ex. P/1 / Ex. D/9) executed by him in favour of defendant No. 2 with the consent of his wife Patango Bai is strictly in accordance with law, as such, plaintiff's suit deserves to be dismissed.