ANUKUL CHANDRA DAS Vs. ARUP KUMAR DAS

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree passed by the Learned Civil Judge (Senior Division), 2nd court at Hooghly on 29th April, 2005 in Title Suit No. 69 of 2002 at the instance of the plaintiff/respondent.

(2.) Admittedly, the plaintiff executed a deed of gift on 27th March, 1996 bequeathing the suit property in favour of his son the defendant/respondent herein. The deed of gift was accepted by the defendant/respondent, who mutated his name as the owner of the said property in the revenue records of the State as well as in the Municipal records. He has constructed a boundary wall surrounding the suit property to protect his property.

(3.) Long after the execution and registration of the said deed of gift the plaintiff (father) filed a suit on 28th June, 2002 seeking declaration that the deed of gift executed by the plaintiff (father) in favour of the defendant/respondent(son) bequeathing the suit property which was registered at the office of the Additional Joint Sub-Registrar of Serampore at Singur bearing No.824 of 1996 is void, inoperative, ineffective and not binding upon the plaintiff as the defendant s right under the said deed of gift has been forfeited having violated the condition and the terms of the gift deed vide plaintiff s letter dated 1st June, 2002.