RAJDEO SINGH Vs. VIDHARTHI DEVI AND ORS.

JUDGEMENT

(1.) The original plaintiff-respondent appellant Dipti Devi filed this second appeal against the Judgment and Decree dated 26.7.1990 passed by the 9 th Addl. District Judge, Ara in title appeal No.51 of 1989 whereby the lower appellate Court allowed the appeal and reversed the Judgment and Decree of the trial Court dated 10.7.1989 passed by First Subordinate Judge, Ara in title suit No.20 of 1986. The plaintiff-appellant died during the pendency of the appeal and her legal representatives have been substituted in her place.

(2.) The plaintiff appellant filed the aforesaid suit for declaration that the deed of gift ext. 'E' dated 13.7.1956 executed by Mostt. Bachani Devi was forged and fabricated document and it was not binding on her and consequently the plaintiff also prayed for partition of her half share in the suit property. According to the plaintiffs, one Chander Mahto had two daughters namely, the plaintiff Bipati Devi and Gangiya Devi, the defendant No.1. Chander Mahto died in the year 1951-52 and Bachani Devi died in the year 1954. After their death, two daughters are in joint possession of the property and, therefore, she claimed half share. The plaintiff came to know that the defendant has got a gift deed said to have been executed by Bachani Devi but in fact the gift deed is forged document because the deed of gift is dated 13 th July, 1956 whereas Bachani Devi died in the year 1954. The plaintiff came to know about the existence of this gift deed in mutation proceeding in the year 1983.

(3.) The defence of the defendant is that on the death of Chander Mahto, Bachani Devi inherited the property of her husband and in fact she died in the year 1958 and not in the year 1954 as alleged by the plaintiff. The gift deed is valid and genuine document. The plaintiff had the knowledge about the execution of the gift deed in favor of defendant No.2, i.e., the son of defendant No.1 and the suit has been filed after 3 years, therefore, the suit is also barred by law of limitation.