DURGAPADA JANA Vs. NEMAI CHARAN JANA

JUDGEMENT

(1.) This is a plaintiff's appeal preferred against the judgment and decree of the 1st court of the Additional district Judge, Midnapore, affirming those of the 2nd Court of the Assistant District judge, Midnapore, dismissing the plaintiff's suit.

(2.) The suit was filed by the original plaintiff, Sm. Dukhi Dasi, praying for a declaration of her title to the suit property and recovery of possession thereof after setting, aside the registered deed of gift dated April 26, 1949 executed by her in favour of the defendant nos. 1 and 2. A further prayer was made by the plaintiff for a declaration that the defendant nos. 3 to 9 had not acquired any title to the suit property by virtue of their purchase of the same from the defendant nos. 1 and 2.

(3.) The original plaintiff Sm. Dukhi Dasi, since deceased, was the second wife of one Gaya Jana. Gaya Jana married one Rashmoni and after her death, he married Dukhi Dasi. The defendant nos. 1 and 2 are the sons of Gaya Jana by his first wife. Dukhi Dasi had a son, Lakshmikanta, and a daughter Kadambini. The suit property belonged to Gaya Jana and, after his death, the same developed upon Lakshmikanta. Lakshmikanta having died unmarried, Dukhi Dasi inherited the suit property as the heiress of her son. It is the case of the defendants that she made a gift of the suit property to the defendant nos. 1 and 2, her stepsons, by a registered deed of gift dated April 26, 1949. The suit, as stated before, was filed by her, inter alia, for the cancellation of the said deed of gift.