SUBHASH CHANDRA Vs. NAGAR MAHAPALIKA

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the judgment and decree dated 14 -9 -76 passed by the learned Civil Judge, Kanpur.

(2.) THE suit was filed by one Mukta Prasad for cancellation of gift deed dated 4th August, 1964, for possession over the house and for permanent injunction restraining the defendant from interfering with his possession over the house. Mukta Prasad was recorded owner of House No. 109/56 Nehru Nagar, Kanpur. He had no wife or child. On 4th August, 1064 he executed gift deed of the house in favour of the defendant. He filed the suit for cancellation of the gift deed on the grounds that its execution was obtained under fraud and misrepresentation, that the deed was never executed and explained to him and that it was never acted upon. It was alleged that the defendant wrongfully obtained possession over the house. Mukta Prasad died during the pendency of the suit and Subhas Chandra was brought on the record on the basis of will Ex. 28 dated 20 -11 -65.

(3.) THE learned Civil Judge disbelieved the plaintiff's version regarding the execution of the gift deed by fraud or misrepresentation He believed the evidence adduced by the defendant and held that Mukta Prasad executed the gift deed after fully understanding the contentsand it was binding on him. He disbelieved the plaintiff's version that the gift deed was never acted upon. He held that Mukta Prasad was called upon to receive the payment but he did not come and rejected the version that the defendant did not pay him the amount. He accepted the version of Subhas Chandra regarding the will executed by Mukta Prasad in his favour. He repelled the other legal pleas raised by the defendant. In view of the finding on the main issue, he dismissed the suit with costs. He made no order regarding the realisation of the court -fees as the suit had been filed by the plaintiff as a pauper and was continued by Subhas Chandra as such. Hence this appeal.