NANHIBAI Vs. GOVINDRAO

JUDGEMENT

(1.) THIS Second Appeal has been filed at the instance of plaintiff whose suit has been dismissed by learned First Appellate Court by allowing the appeal of respondent thereby setting aside the judgment and decree of the Trial Court decreeing the suit of plaintiff.

(2.) NO exhaustive statement of facts are necessary for disposal of this appeal. Suffice it to state that the plaintiff filed suit for declaring the bakhshisnama (Gift deed), dated 6-2-1976 to be null and void and for possession of suit property, which is agricultural land. She has also claimed mesne profit. On going through the plaint averments, it is gathered that the suit property was gifted to defendant by plaintiff who was owner of the same. The document of gift deed dated 6-2-1976 is a registered document. According to the plaint averments, plaintiff is an illiterate lady and she is literate only to the extent that she could sign. The defendant under the pretext that he will carry on 'puja-Archana' in the temple and for that purpose the suit property be given to him and in case he abandoned the task of 'puja-Archana' the property in dispute, be given back to the plaintiff. Since the defendant is not doing 'puja-Archana' in the temple, therefore, the plaintiff is entitled to take back the possession of the suit property. It has also been pleaded by her that this condition was fraudulently not mentioned in the gift deed Ex. D-1.

(3.) THE defendant by filing written statement refuted the plaint averments. It has been pleaded by the defendant that plaintiff voluntarily gifted the suit property to him and the document of gift deed was executed and the same was registered. Since the property has been gifted to him and the gift has been accepted, he has become the Bhumiswami, therefore, this suit be dismissed.