KEDAR Vs. UMRAI

JUDGEMENT

(1.) This second appeal is preferred against the judgement dated 15th September, 1980 passed by IInd Civil Judge, Varanasi in Civil Appeal No.404 of 1979 arising out of judgement dated 31st August, 1979 passed by Munsif, Hawali, Varanasi in Original Suit No.565 of 1975.

(2.) The brief facts, which give rise to this appeal are that the plaintiffs-appellants (hereinafter called as the "appellants") filed Original Suit No.565 of 1975 against the defendants-respondents (hereinafter called as the "respondents") for the relief of cancellation of gift deed dated 16.7.1975.

(3.) The allegations made in the plaint were that the plaintiff no.1 was son of Bharosh and plaintiff no.2 was the son of Khemai. The respondent no.1 Smt. Umrai was widow of Mangroo and the respondent no.2 was the daughter of respondent no.1 Smt. Umrai. The plaintiff no.1 and the father of the plaintiff no.2 were sons of one Bharosh, who expired about 32-35 years before filing of the suit and after the death of Mangroo, a family settlement arrived at between the plaintiffs and the respondent no.1 Smt. Umrai to this effect that the plaintiff will remain the owner of ancestral properties left by Mangroo and the respondent no.1 Smt. Umrai will have right of maintenance alone, even the share of Mangroo and she would have no right to transfer the share of Mangroo. Later on a family settlement reduced into writing and was registered on 5.8.1967.