LACHHMI NR CHOUDHARY Vs. SUKHDEO 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.) AFTER trial the learned court below came to the conclusion that the defendant is in possession and the deed of gift Ext. H is not forged and fraudulent document and, therefore, it cannot be cancelled. The learned court below also found that Babubati is the sister of Jainarain, the husband of Rampari but she has not been made party in the suit therefore, the suit suffers from defect of parties.