MST. KASHU Vs. NAND LAL

JUDGEMENT

(1.) The present Appellant Smt. Kashu and Respondent were the real brother and sister. Appellant -Plaintiff Smt. Kashu filed a suit for declaration to this effect that the gift deed dated 2nd August, 1985 registered on 19th August, 1985 in favour of Defendant -Respondent was a result of fraud and was not binding upon the rights of the Plaintiff -Appellant qua the suit land which was the subject matter of the gift. According to the Plaintiff -Appellant, the Defendant -Respondent was her real brother, who promised her that he would be looking after her and shall be rendering services during her life time and shall also perform customary last rites after her death in case Plaintiff executes a Will of her property in his favour. It was further pleaded by the Plaintiff that she was trapped in the fraud played' by the Defendant and the suit land was got transferred by the Defendant, through a gift deed dated 2nd August, 1985 registered on 19th August, 1985. According to the Plaintiff, Defendant stopped looking after her since March, 1988 and has been forcing her to leave the house. Thereafter, she came to know that in stead of will Defendant, playing fraud upon her got executed the gift, which was liable to be cancelled on this score. Plaintiff also pleaded that her husband died about ten years back who had given his entire property in favour of one Motion of Sh. Chet Ram and the Plaintiff was owning only the land which was the subject matter of the gift deed, which was 1/6th share of the land measuring 14 Bighas 1 Biswas as described in the plaint. Plaintiff in the alternative asked for maintenance at the rate of Rs. 300/ - per month.

(2.) The suit was contested by the present Respondent -Defendant, who pleaded that Plaintiff was estopped to file the suit due to her own act, deed and conduct and that the suit was otherwise not legally maintainable as the possession has not been asked for by the Plaintiff. On merit, the relationship between the parties was admitted but the remaining averments were denied and it was averred that the Plaintiff executed the gift deed, under reference, in his favour with her free will and consent and the present suit has been got filed from her by S/Sh. Devi Ram and Daya Ram. According to the Defendant, he has been looking after the Plaintiff and on the instigation of the aforesaid persons, she has left the house. However, Defendant averred that he was ready to look after the Plaintiff and to take her in his house.

(3.) The parties were put to trial on the following issues by the trial court: