KETKI DEVI Vs. LAXMAN S O BHUPAL SINGH

JUDGEMENT

(1.) This is second appeal by defendant No. 1 Smt. Ketki Devi.

(2.) The brief facts are that the plaintiff Laxman filed a suit against the defendants for cancellation of the gift deed dated 5/01/1970 executed by Fateh Singh in favour of defendant No. 1 Smt. Kiran Devi alias Ketki, appellant, alias Kailashi. Fateh Singh was the brother of the plaintiff Laxman Singh. Lala Ram was the son of Fateh Singh. Wife of Lala Ram married with defendant No. 2 Roshan Lal. Lala Ram died in 1955. It was alleged that defendant No. 1 in collusion with defendent No. 2, with a view to grab the land of Fateh Singh got a forged and fictitious gift deed prepared on 5th January, 1970. It was alleged that the gift deed was never executed by Fateh Singh and that the said gift deed was not binding upon the plaintiff. The allegation of fraud in obtaining the gift deed was also made.

(3.) Defendant No. 1 contested the suit pleading that the gift deed was executed by Fateh Singh on 5/01/1970 in her favour. It was denied that the defendant No. 1 married with defendant No. 2. It was also denied that Lala Ram died in 1955. It was alleged that Fateh Singh had 1/3 share in Sirdari land which was the subject matter of the gift deed. Fateh Singh applied before the Tehsildar for declaration of bhumidhari rights and deposited 10 times annual rent on 28/11/1969. Bhumidhari Sanad was issued on 29/06/1970 in favour of Fateh Singh. Fateh Singh was thus entitled to execute the gift deed of his 1/3 rd share. The gift deed was, therefore, said to be valid. In the year 1973 Fateh Singh died whereupon defendant No. 1 applied for partition of his 1/3rd share, which was decreed by the revenue Court on 21/01/1981 and preliminary decree was passed. In those proceedings no objection was raised that the gift deed is fraudulent, forged and fictitious.