BIRENDRA SINHA Vs. H.H.BHAKTI PURUSHOTTAM SWAMI

JUDGEMENT

(1.) This appeal has been preferred against the order dtd. 8/12/2023 passed by learned District Judge, North Tripura, Dharmanagar in Title Appeal No.14 of 2022 dismissing said appeal and by affirming the order dtd. 31/1/2022 passed by learned Civil Judge (Sr. Division), Court No.2, North Tripura, Dharmanagar in TS 38 of 2020 whereby the plaint of the plaintiff-appellant was rejected under Order VII Rule 11 CPC.

(2.) Plaintiff-appellant filed said TS 38 of 2020 averring, inter alia, that with a pious intention to gift some land to ISKCON, he executed a gift deed bearing No.1-1191 dtd. 30/6/2010 which was accepted by H.H. Shrimant Bhakti Purushottam Swami Maharaj on behalf of ISKCON and the defendant-respondent No.4 actively assisted him in execution of such deed. However, on 17/1/2014, when H.H. Shrimant Bhakti Purushottam Swami Maharaj attended certain religious events at Dharmanagar, he disclosed to the plaintiff that he had never visited Dharmanagar on 30/6/2010 and had not put his signature in the gift deed in testimony of acceptance of such gift. Then the appellant came to know that somebody else had put the signature of H.H. Shrimant Bhakti Purushottam Swami Maharaj in the gift deed by causing forgery of his signature at the instance of said defendant-respondent No.4 and his associates. According to the plaintiff-appellant, execution of said gift deed was due to undue influence and fraud exercised on him at the instance of respondent No.3, respondent No.4 and others including the deed writer namely, Sri Pannalal Sharma (not a party to the suit). The plaintiff-appellant, finally, prayed for following reliefs in the suit:

(3.) Two other important paragraphs of the plaint which are relevant for consideration by this Court are also extracted below: