EZAZ AHMAD Vs. SK AURANGZEB

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiffs-respondents-appellants against the judgment and decree dated 11.10.1996 passed by the learned 4th Additional District Judge, West Champaran at Bettiah in Title Appeal No.20 of 1994 whereby the learned Lower Appellate Court allowed the appeal and reversed the judgment of the trial court dated 19.01.1994 passed by the learned Munsif, Bagaha in Title Suit No.82 of 1992.

(2.) The plaintiff-appellant filed the aforesaid suit for declaration that the gift deed dated 25.05.1989 executed by Md. Munif in favour of the defendant is null and void and is not binding on the plaintiff and also prayed for injunction. The plaintiffs claimed the aforesaid relief alleging that in fact, the property belonged to Md. Munif who in lieu of Dower Debt executed a registered deed by mokasha on 14.04.1984 in favour of his wife, Imam Bandi. Imam Bandi gifted the property by registered gift deed dated 05.02.1985 in favour of the plaintiff and since then the plaintiffs after accepting the gift are in possession of the property. The defendants fraudulently obtained a registered gift deed on 25.05.1989 and on the basis of the same, the defendants are interfering with the peaceful possession of the plaintiffs.

(3.) The defendants filed written statement alleging that in fact, Imam Bandi died in the year 1985, therefore, the property reverted to Md. Munif and thereafter Md. Munif has executed the gift deed in favour of the defendants. The gift deed of the plaintiff is not legal and valid and on the basis of the same, the plaintiff never came in possession. The trial court on the basis of the evidences, decreed the plaintiff?s suit holding that the property was given to Imam Bandi by her husband in lieu of Dower Debt and she had the authority to execute the gift deed in favour of the plaintiffs.