GYAN RANJANALIAS RANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Defendants have filed this first appeal against the judgment and decree dated 21.09.2005 (decree signed on 5.10.2005) passed by Sri Nand Kishore Prasad Gupta, the learned Sub Judge -II, Danapur in title Suit No. 132 of 1997 decreeing the Plaintiff -Respondent No. 1 suit for declaration of title.

(2.) THE Plaintiff -Respondent No. 1 Lalla Singh filed the aforesaid Title Suit No. 132 of 1997 praying for declaration that the Plaintiff has exclusive title over the suit land fully described in Schedule 2 at the foot of the plaint and further for declaration that the Defendants have no title. The Plaintiff also prayed for injunction against the Defendants with regard to Schedule 2 property.

(3.) THE Defendant -Appellants appeared and filed jointly a contesting written statement. Their defence in short is that the alleged registered gift deed dated 12.7.1932 is showy document and it was never acted upon. On the basis of the said gift deed Bechani Kunwar never came in exclusive possession. Subsequently, the properties were also sold by Misri Singh which indicates that gift was not acted upon. There had been no partition and the Defendants are also in joint possession of the property. Bechani Kunwar never accepted the gift and never came in possession either actual or constructive and she was not mutated. The entire property is joint family property. The Defendants inherited the properties as coparceners and, therefore, they have unity of title and possession over the suit property as such the Plaintiff is not entitled for declaration of exclusive title.