CHANDRAPAL Vs. BIBTA DEVI

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri Gopal Narayan, holding brief of Sri Shyam Narayan, learned counsel appearing for the defendant- appellant.

(2.) BY means of this appeal under Section 100 of the Code of Civil Procedure, 1908, hereinafter called the Code, the appellant seeks to assail the decree and judgment dated 17th September, 1977 of the Additional District Judge II, Gorakhpur, passed in Civil Appeal No. 11 of 1976 whereby the decree and judgment dated 17th January, 1976 of the Temporary Additional Civil Judge, Gorakhpur dismissing Suit No. 37 of 1972 between Bipta Devi and Chandrapal and others, has been set aside and the suit of Smt. Bipta Devi, the plaintiff-respondent No. 1, has been decreed.

(3.) ON the findings that Vindhyachal never accepted the gift, so sale-deed in favour of the plaintiff- respondent No. 1 was invalid ; that- the gift was not conditional on rendering of any service by Vindhachal and Nepal Ram never gave out the gift; that the claim of Vindhyachal was barred by acquiescence and estoppel and the suit was barred by time ; and that Chandrapal, defendant- appellant had made improvement from his own funds, the trial Court dismissed the suit of the plaintiff- respondent No. 1.