DURGACHARAN DAS Vs. PARBATI CHARAN DAS DEFENDANT-RESPONDENT

JUDGEMENT

(1.) THIS appeal is by the plaintiff against an appellate decree, judgment being one of affirmance.

(2.) THE plaintiff-the father filed an suit for declaration that the deed of gift executed by him in favour of his son-Parbati Charan Das by his de-ceased first wife was illegal and void,, The case as set out in the plaint, briefly,, is that after the death of his first wife he married for the second time Maharani dasi who put pressure upon him to transfer the suit property to her. To avoid her he transferred this property to his only son by the first wife by an deed of gift drawn up in the form of an notarial deed on 20th May, 1943, which, however, was merely a fictitious transfer and never intended to operate as a real deed of transfer as under the French Law the donor was incapable of accepting any gift on behalf of his minor son. Further, he having two other sons the gift was void as it related to his only immovable property. It was also alleged that it was onerous gift as the donee was obliged to maintain the plaintiff and his second wife properly but instead of doing so the defendant has been ill-treating them after attaining majority which disentitled him to take the benefit of the gift under the law.

(3.) THE defendant who contested the suit in his written statement denied all material allegations. It was asserted that the deed of gift was fully effective and he made new construction on the suit property by selling the ornaments of his deceased mother. He further alleged that he had been in possession of the property in his own right and not as a licensee and the suit was barred under Section 42 of the Specific Relief Act.