BRUNDABAN NAYAK Vs. GOBARDHAN BISWAL

JUDGEMENT

(1.) Transfer of title by a registered deed of gift (Ext. 1) dated 26-2-1964 is the dispute in the suit out of which this Second Appeal arises.

(2.) While plaintiff claims title on the basis of Ext. 1, defendants assailed the same asserting that it was obtained by the plaintiff from defendant No. 1 fraudulently misrepresenting that the latter is required to execute a power of attorney. When defendant No. 1 suspected the contents of the documents which he was possessing, he got it read over since he does not know reading and writing except signing, to find the same to be a deed of gift in favour of the plaintiff. Accordingly, he revoked the same by a registered deed of cancellation (Ext. A) dated 6-11-1971.

(3.) Both the courts held that plaintiff acquired title on the basis of Ext. 1. Only point is whether Ext. 1 can be received in evidence as a valid instrument for transfer of title by defendant No. 1 in favour of the plaintiff.