CHANDRIKA SINGH Vs. SURESH SINGH

JUDGEMENT

(1.) THE plaintiff has filed this second appeal against the judgment and decree dated 13.1.1993 passed by First Additional District Judge, East Champaran, Motihari in Title Appeal No. 31 of 1989/ 32 of 1991 allowing the appeal and setting aside the judgment and decree dated 17.12.1988 passed by First Additional Munsif, East Champaran, Motihari in Title Suit No. 113 of 1984/ 242 of 1988 whereby the plaintiff's suit was decreed.

(2.) THE plaintiff appellant filed the suit for declaration that the sale deed dated 14.8.1984 executed by the defendant No.2 in favour of the defendant No.1 is forged, fabricated and void and the defendant No.2 has got no right to execute the sale deed. The plaintiff claimed the aforesaid relief alleging that Shiv Singh died in the year 1944 leaving behind two sons namely Bhagelu Singh and Basudeo Singh and one widow Gangajali Devi. Basudeo Singh died in the year 1965 leaving behind the defendant No.1. Bhagelu Singh has two sons Chandrika Singh and Harish Chandra Singh. Harish Chandra Singh also died in the year 1979 unmarried. Plaintiff No. 2 is the wife of Bhagelu Singh and Bhagelu Singh is the defendant No.2. After death of Shiv Singh his two sons and widow separated and they amicably partitioned the properties. On 10.11.1967 Most. Gangajali Devi gifted the land of her share to the plaintiff No.1 and his brother Harish Chandra Singh and the donee came in possession of the same. The subject matter of the aforesaid gift is the suit land. The defendant No.2 sold the suit land to the defendant No.1 by registered sale deed dated 14.8.1984, which is illegal.

(3.) ON 24.3.1994 the following two substantial questions of law were formulated at the time of admission of the appeal :