DUTI DEI Vs. KRUSHNA PRADHAN & ORS.

JUDGEMENT

(1.) The plaintiffs suit for declaration of right, title and interest and also possession decreed by the lower court, but having been reversed by the lower appellate court, she is in appeal before this Court.

(2.) The plaintiff claims title and possession over the disputed land more fully described in the schedule of the plaint on the basis of the deed of gift dated 10-5-77 executed by her father defendant No. 1 (who died during the pendency of the suit). Since the defendant No. 1, as alleged by the plaintiff, cancelled the gift deed on 5-1-78 being coerced and unduly influenced by defendant No. 2. brother of the plaintiff and defendant No. 3 his wife, and on the same day, executed a sale deed in favour of the defendant No. 2. This forced her to file the suit for the above relief. Defendant No. 1 filed a separate written statement whereas defendants 2 and 3 filed a joint written statement their main case is that the property being the joint family property defendant No. 1 had no right to gift away the same and secondly, the deed was invalid on account of fraud, undue influence practised on defendant No. 1 by the defendants 2 and 3, the latter having taken undue advantage of the mental debility of defendant No.l who was an old and ailing man.

(3.) The lower court held that the property so gifted away by defendant No. 1 was his self-acquired property and that defendant No. 1 was competent to gift away the property. With regard to the execution of the deed (Ext. 1) the lower court held the same to have been validly executed and, therefore, it conveyed a valid title in favour of the plaintiff.