VASANT KISAN IDHOL, AGED 53 YEARS, OCCUPATION Vs. SMT. MANJURABAI KISANRAO IDHOL AGED ABOUT 73 YEARS, OCCUPATION

JUDGEMENT

(1.) Admit. Heard finally with consent of counsel for the parties.

(2.) The issue that arises for determination in this Civil Revision Application is :

(3.) The Applicant-defendant is the son of the Non-applicant-plaintiff. It is the case of the Non-applicant that she was the owner of two agricultural fields and a residential house. The husband of the non-applicant used to remain ill, due to which the applicant had come to the house so as to render him treatment. According to the non-applicant, her husband expired on 1st October, 2012 and that just prior to his death, the applicant had got prepared a Gift-Deed dated 29th June, 2012 without her consent. As per said Gift-Deed, field Gat No. 67 was shown to have been gifted by the Non-applicant in favour of the applicant. On that basis, the non-applicant filed suit for declaration that the Gift-Deed dated 29th June, 2012 was null and void and was not liable to be acted upon. Cancellation of said Gift-Deed was sought with a further prayer that the applicant be injuncted permanently from disturbing her possession or from creating third-party rights.