RAMESHWAR PANDEY Vs. MALTI DEVI

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants -respondentsappellants challenging the judgment and decree of the learned court of appeal below.

(2.) THE matter arises out of Title Suit No.61 of 1988 which was filed by the plaintiff -appellant -respondent no.1 with respect to holding no.18 (New 20), new survey plot no.13 situated in Mohalla Khara Kuan, Gaighat within Alamganj Police Station in the district of Patna for the following reliefs: - (a) Declaration that deed of gift executed on 11.05.1985 (Ext.4) by defendant no.3 in favour of defendant no.2 is illegal, fraudulent, collusive and null and void document and not binding upon the plaintiff. (b) Order of injunction restraining defendant no.2 from mutating his name in the office of Patna City Municipal Corporation or any other office in place of plaintiff's name on the basis of the said gift dated 11.5.1985. (c) Cost of suit. (d) Any other relief or reliefs which the court thinks fit and proper.

(3.) DEFENDANT 1st Party appeared and contested the suit and on the basis of pleadings of the parties, the learned trial court framed the following issues for deciding the suit: - (i) Whether the suit is maintainable (ii) Whether the plaintiff has got valid and legal cause of action for filing the suit (iii) Whether defendant no.3 has acquired valid right and title in the suit premises and whether he was entitled to execute the deed of gift (iv) Whether plaintiff is entitled to get the decree as required (v) Any other reliefs to which the plaintiff is entitled.