SEWTI Vs. RATTAN

JUDGEMENT

(1.) This is an appln. in revn. by Mt. Sewati, whose suit for cancellation of a gift- deed dated 14-2-2000B. in favour of the deft-resp. Rattan was decreed by the Subordinate Judge, Kumharsain, but dismissed on appeal by the Senior Subordinate Judge, Kasumpti.

(2.) The trial Ct. decreed the suit on the ground that the gift had been obtained by fraud. The appellate Ct. revsd. this finding, & it also held that the suit was time barred & barred by res judicata, Both these latter pleaa had been taken by the deft. but the trial Ct had neither framed issues nor recorded findings on them.

(3.) The points urged in revn. before me are that the decree of the trial Ct. should be restored because the gift had in fact been obtained by fraud & because the suit was barred neither by time nor by res yudicata.