DULHIN DULARI DEVI Vs. RAJENDRA PASI

JUDGEMENT

(1.) THE plaintiff-appellant-appellant has filed this Second Appeal against the judgment and decree dated 30.04.1992 passed by Sri Kapileshwar Prasad, 10th Additional District Judge, Rohtas at Sasaram in Title Appeal No.14 of 1987/14 of 1988 dismissing the appeal and thereby confirming the judgment and decree passed by the trial court in Title Suit No.16 of 1983 dated 10.04.1987 passed by Sri Girija Nandan Prasad Azad, 1st Additional Munsif, Sasaram.

(2.) THE plaintiff-appellant filed the aforesaid title suit for declaration that the deed of gift no.168 dated 20.01.1978 executed by Gulab @ Gulab Pasi to Kawali Devi with respect to Schedule "ka" and "kha" lands is illegal, forged, inoperative, null and void and is not binding on the plaintiff. The plaintiff also prayed for partition of the suit property. It may be mentioned here that so far partition of the property is concerned, it was abated in view of the provisions of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 on 01.09.1986. Therefore, only the relief remained is with respect to declaration regarding the gift deed of the year 1978.

(3.) ON 14.12.1992, the following two substantial questions of law were formulated: