JANKI DEVI Vs. DHARAMNATH PRASAD

JUDGEMENT

(1.) This appeal by defendant No. 1 is directed against the order of the trial court dt. 27-5-1070 allowing the application of the respondents for their substitution in place the deceased plaintiff in a suit for partition, at the final decree stage in the following circumstances.

(2.) The plaintiff Mossomat Bhagwatia, widow of one Shiv Sah. instituted a partition suit against the defendant No. 1 appellant claiming half share in the estate of her husband who had died long before. The preliminary decree was passed in 1966 and the plaintiff died on 5-11-1969 but before that she is alleged to have executed a deed of gift on 29-10-1969 in favour of the respondents, This deed was registered at Chapra Registration Office as the properties in question were situated within the territorial limits of that office.

(3.) On the death of Mossomat Bhagwatia. her transferees had made an application for their transposition as the plaintiffs and that had already been allowed in the meantime. The respondents also applied for their substitution on the ground of the devolution of the property in their favour by virtue of the registered deed of gift (Ext. 1). An objection was taken by the appellant inter alia, on the ground that the deed of gift was fraudulent. Evidence was led by the parties on the question of due execution and registration of the deed of gift and the trial court satisfied on that evidence, has allowed the application of the donees and accordingly the appellant has filed the present appeal.