RAM NIWAS AWASTHY Vs. NARAYAN PRASAD

JUDGEMENT

(1.) THE plaintiff whose suit was decreed in part by the Court below has preferred this appeal, aggrieved by the judgment and decree passed in Civil appeal No. 15-A/1999 by Additional District Judge, Sihora dated 4-1-2000, and the judgment and decree passed by the IInd Civil Judge Class-II, Sihora in Civil suit No. 48-A/1977.

(2.) THIS appeal was admitted on 4-7-2000 on following substantial question of law:-

(3.) LEARNED Counsel for the appellant submitted that the Court below erred in relying on Exh. D-1 Tamliknama, while it is a deed of gift and without compliance of Sections 122 and 123 of the Transfer of Property Act, 1882 (hereinafter referred to as 'act' for short) the aforesaid gift deed could not have been given effect to. Reliance is placed to the Apex Court judgments in Ram gopal Vs. Nand Lal and others (AIR 1951 SC 139), N. M. Aryamurthi and another Vs. M. L. Subbaraya Setty (AIR 1972 SC 1279), K. V. Narayanan Vs. K. V. Ranganadhan and others (AIR 1976 SC 1715) and submitted that this appeal be allowed and the suit of plaintiff be decreed in toto.