JAGRANO KUNWAR Vs. NIRMALA DEVI

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the Judgment and Sahoo, J. Decree dated 24.02.2007 passed by Sri Nagendra Prasad Tripathi, the learned Sub- Judge, Buxar in Title Suit No.58 of 1989 decreeing the plaintiff's suit.

(2.) MOSTT. Indrasna Kunwar filed the aforesaid suit for declaration that the two gift deed dated 27.01.1955 executed by her mother, Fulbaso Kunwar in favour of her (Indrasna Kunwar) and her son, Ramendra Krishna Singh with respect to Schedule 1 land of the plaint and 21 sale deeds executed by the defendant-appellant, MOSTT. Jagrano Kunwar in favour of defendant Nos.2 to 11 with respect to Schedule 2 land of the plaint are fraudulent without any right title and null and void. The plaintiff also sought relief for permanent injunction. It may be mentioned here that during pendency of the suit, the original plaintiff died and she was substituted by her legal representatives.

(3.) AFTER trial, the learned Court below while deciding Issue No.4 came to the conclusion that Fulbaso Kunwar had no right to execute the gift deeds which are without any authority in law and as such are avoid ab initio, conferring no title on the donee and, therefore, the learned Court blow held that two deeds of gift dated 27.01.1955 executed by Mostt. Fulbaso Kunwar in favour of dulhane Indrasna Devi and Ramendra Krishna Singh with respect to land are without right, tile and avoid abinitio vide paragraph 12 of the impugned Judgment. The learned Court below also held that the 21 sale deeds executed by defendant No.1 in favour of defendant No.2 to 11 in respect of Schedule 2 land of the plaintiff are null and void and without right vide paragraph 13. The learned Court below also while deciding Issue No.3 came to the conclusion that the suit is not barred by law of limitation vide paragraph 15 and, therefore, decreed the plaintiff's suit.