LAXMI NARAIN THAKUR Vs. SUDAMA DUBEY

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the judgment dated 4th July, 1988 and the decree following thereupon signed on 13.7.1988 by Sri Chandradeo Jha Vikal, the learned Sub Judge 5th, Motihari in title suit no. 55/3 of 1978/87 decreeing the plaintiff-respondent no. 1s suit.

(2.) THE plaintiff-respondent no. 1, Sudama Dubey filed the aforesaid title suit for declaration that deed of waqfnama dated 5.1.1978 is forged and illegal and brought into existence under coercion and it was not legally executed by the plaintiff and not binding on the plaintiffs and as such, the deed of waqfnama is illegal, improper, not effective and useless and also prayed for a decree for recovery of possession by dispossessing the defendants under the process of the Court in favour of the plaintiff. THE plaintiff also prayed for cost and mesne profit.

(3.) AFTER trial, the Court below found that the plaintiff has successfully proved the fact that the deed of gift dated 5.1.1978 with respect to Schedule-2 property was not executed and registered with his free will and consent and therefore, the same is void and illegal document and not binding on the plaintiff and therefore, decreed the plaintiffs suit. The learned Court below also found that the Math was not public religious trust but it was a private Math and therefore, the suit was not filed under Order 1 Rule 8 C.P.C. The Court below also found at paragraph 10 that Order 1 Rule 8 C.P.C. is not applicable as the contest is only with the defendants as they have wanted to grab the private property of the plaintiff in fraudulent manner.