GANAPATI PATEL Vs. URBASI DEI

JUDGEMENT

(1.) Defendant no.1 is the appellant against a confirming judgment.

(2.) Plaintiffs-Respondents 1 to 4 instituted the suit for declaration of title in respect of Schedule-C land, recovery of possession, declaration that gift deed dated 26.11.1959 is null and void and Schedule-B land is the joint family property of the parties.

(3.) One Jagannath Patel died leaving behind five sons, namely, Ram Krishna, Ude, Ram Rai, Janardan and Shyamsundar. Ram Rai died leaving behind his wife-Padmabati and daughter Ghasiana-plaintiff no.4. Thereafter, Janardan, younger brother of Ram Krishna, married to Padmabati, according to the prevailing caste and custom of the society. Out of their wedlock, three daughters, namely, plaintiffs 1 to 3 were born. Ghasiana, daughter of Ramkrishna, was brought up in the house of Janardan. She was treated like daughter of Janardan. Case of the plaintiffs was that Janardan was separated from other two brothers in mess and property. He was in possession of Schedule-A land exclusively towards his share. In Mutation Case No.593 of 1950-51, his name was mutated in respect of Schedule-A land. He was in joint possession of Schedule-B land. Padmabati executed a deed of release in favour of the plaintiffs. Plaintiffs are entitled to the property left by Janardan. Subsequently they came to know that Ganapati-defendant no.1 has got an unregistered gift deed purported to have been signed by Janardan in respect of Schedule-C land. In the settlement operation, when he tried to record the land in his name, plaintiffs objected to the same. The Assistant Settlement Officer recorded Schedule-A land in favour of the plaintiffs, but recorded the note of possession that Schedule-C land is a part of Schedule-A land. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.