BANSHIDHAR Vs. SHEELA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties on the point of admission of second of appeal and perused the records.

(2.) The admitted case of the parties has been in brief was that Jagarnath had two sons Hari Ram and Lal Chand, who have partitioned the property after death of Jagarnath. Hari Ram had two wives. From one wife Rama Devi he had one son Banshidhar (plaintiff) and from another wife Teja Devi, he had two sons namely Sukhlal (defendant no.-2) and Khushihal (defendant no. 5). Defendant no.-2 Geeta is wife of Sukhlal. Defendant no.-1 Sheela is wife of defendant no. 5 Khushihal. Admittedly the disputed property is of agricultural in nature for which the original Suit no.-307/2011 was instituted on 28.4.2011.

(3.) The plaint case in brief was that disputed agricultural ancestral property was although in the name of plaintiff's father Hari Ram (defendant no.-3), but he had no right of ownership on whole of the property. Plaintiff being co-parcener was also the co-owner of this property. But Hari Ram had executed registered gift-deed (deed of donation) of whole of the property in favour of his daughter-in-laws (defendant no. 1 & 2) on 4.2.2011. Since he had no right to transfer whole of the disputed property, therefore the plaintiff had filed suit for cancellation of said gift-deed on ground that defendant no.-3 was disabled person who could not understand things, deed in question was not read and explained to him, said deed was without consideration and unauthorised; therefore it should be cancelled.