DHARAMPAL GIR Vs. ANGOORI DEVI

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit for restraining the defendant by means of a permanent injunction from alienating the properties detailed at the foot of the plaint.

(2.) According to the plaintiff's case one Narottam Gir had half share in plots Nos. 24l measuring 3 Bighas 5 Biswas and 599 measuring 5 Biswas situate in Sikandrabad, district Bulandshahr. The aforesaid Narottam Gir had four sons, namely, Dharampal Gir, Parmeshwari Dayal Gir, the two plaintiffs, Madan Gir, the deceased husband of defendant-respondent, Smt. Angoori Devi, and Pooran Gir. Madan Gir husband of defendant-respondent Smt. Angoori Devi, pre-deceased his father Narottam Gir and after his death Smt. Angoori Devi, defendant-respondent, went away to her parents' place. Defendant-respondent, Smt. Angoori Devi however, came again to the plaintiff's house after the death of Narottam Gir, The name of the defendant-respondent was got mutated in village record for her consolation even though she had no share in the property and the defendant-respondent in turn agreed that she would not transfer the property in her lifetime for which she executed a deed on 26-12-1968. The plaintiffs alleged that in defiance of the aforesaid undertaking, she is now threatening to transfer the property over which her name had been mutated as a consolation. The suit giving rise to the present second appeal was, therefore, filed for a permanent injunction restraining her from transferring this property to any one.

(3.) The aforesaid suit was contested by the defendant on the ground that her husband had died subsequent to the death of his father. It was also pleaded that she had never executed any deed limiting her right not to transfer the property in her lifetime and that the aforesaid deed had been obtained by fraud and undue influence. It was also pleaded that the deed of agreement was inadmissible in evidence.