SHREEKANT CHAUDHARY Vs. RAMAKANT SHARMA

JUDGEMENT

(1.) THE Plaintiffs have filed this first appeal against the judgment and decree dated 30th March 1977 passed by Sri Satya Dev Sharma, the learned Sub Judge, Samastipur in Title Suit No. 125 of 1972 dismissing the Plaintiffs -Appellants' suit.

(2.) THE Plaintiffs -Appellants filed the aforesaid title suit praying for declaration that the deed of gift dated 21.8.1971 executed by Mostt. Rampari Chaudharain in favour of the Defendants is forged and fabricated document and, therefore, prayed for cancellation of the same. It may be mentioned here that the original sole Defendant who was sole Respondent in this appeal died during the pendency of the appeal and his legal representatives have been substituted as Respondents.

(3.) THE further case is that after the death of Rampari her brother, the Defendant, came to cultivate the land of Rampari but the Plaintiffs objected him. Subsequent to this the Defendant claimed the lands on the basis of gift deed executed by Rampari. The Plaintiffs applied certified copy of the gift deed and came to know that it is a forged document. Rampari never executed the gift deed. At the relevant time Rampari was very week and was not capable of knowing the affairs. Although the documents were registered at Dalsingsarai, the Defendant got gift deed registered at Darbhanga. It is quite unnatural that she gifted her entire property without leaving anything for her. In spite of gift deed the Defendant never came in possession therefore, the gift was not completed and the Plaintiffs continued in possession. Jainnarain had no sister in the name of Babubati. The date mentioned in the gift deed are antedated and the document might create many difficulties in future, therefore, the Plaintiffs filed the suit for cancellation of the gift deed.