SMTI. KAMEWARI SAIKIA Vs. SHRI SANKARLAL SARKAR

JUDGEMENT

(1.) This Second Appeal has arisen against the judgment and decree dated 21.1.1983 passed by the District Judge. Gauhati in Title Appeal No. 3 of 1982 reversing the judgment and decree of the Assistant District Judge No. 1. Gauhati in Title Suit No. 9/1977. The defendant No. 2 of the suit has preferred this Second Appeal.

(2.) Admitted facts are that the respondent-plaintiff and Smti Gunanti Sarkar are adopted son and widow respectively of late Manohar Sarkar alias Mahendra Sarkar; both plaintiff and Gunanti were jointly possessing and enjoying the properties left by late Manohar Sarkar; subsequently, on 23.8.1954 plaintiff Sankarlal Sarkar and Smti Gunanti Sarkar entered into a deed of agreement/settlement whereby the respective share of their properties had been specified for their absolute enjoyment separately and Ext. I is the said family settlement deed and this settlement deed Ext. I was held to be valid even by a judicial decision in Title Suit No. 32 of 1955 in the Court of Subordinate Judge. L.A.D. at Gauhati.

(3.) Smti Gunanti Sarkar (Defendant No.l) executed a gift deed dated 27.7.1976 in favour of Smti Kameswari Saikia (defendant No. 2) whereby the properties described in the schedule of the plaint we gifted away to Kameswari Saikia. So, Sankarlal Sarkar had filed the suit alleging that defendant No. I had no right title and interest over the suit property to gift away because the said property is within the share of the plaintiff according to the settlement Ext. I dated 23.8.1954; and prayed for declaration of right, title and interest over the suit property and for declaration of cancellation of the gift deed No. 3362 dated 27.7.1977 and further declaration that the defendant No. I Smti Gunanti Sarkar had no right to gift the suit property by executing deed of gift in favour of defendant No. 2 Smti Kameswari Saikia.