LALLAN SINGH Vs. DULHIN CHANDAMANI DEVI AND OTHERS

JUDGEMENT

(1.) Defendant No. 1 of Title Suit No. 162 of 1972 of the court of 1st Subordinate Judge, Arrah, has moved this Court in appeal against the judgment and decree of the 4th Additional District Judge, Arrah, in Title Appeal No. 87 of 1976. The trial court dismissed the plaintiffs' suit on contest with cost. The court of appeal below has, however, decreed the suit. Relevant facts are as follows:

(2.) The trial court held that the plaintiffs Chandmani and Parbati were the daughters of Algu and, therefore, they had right to be substituted in place of the original plaintiff Sanjogia and to continue the suit. It also found that the deeds of gift executed by Sanjogia in favour of the defendants were legal and binding on the plaintiffs. It accordingly dismissed the suit. Plaintiffs, thereafter, moved in appeal and the court of appeal below held that the deeds of gift dated 18.11.1968 were tainted with fraud and undue influence, and accordingly allowed the appeal and decreed the suit with costs. Defendant No. 1, one of the donees, has moved this Court in appeal against the said judgment.

(3.) Learned counsel for the appellant has submitted that the court of appeal below has committed error of law in holding that the deeds of gift dated 18.11.1968 were tainted with fraud and undue influence. He has submitted that there has been no allegation of undue influence nor any proof for the same. According to him the court of appeal below could not have held that the gift was affected by fraud in the absence of a finding that any misrepresentation was made by the defendants upon which Sanjogiya executed the deeds of gift. Learned counsel has placed reliance upon several authorities which say that charge of fraud should be established by the party alleging it and urged that there has been no material on the record to hold that Sanjogiya was a Pardanashin lady and/or that the donees used their position of influence upon her to obtain any unfair advantage. There are materials and evidence on the record that Sanjogiya appeared before the Registrar for admitting the execution of the deeds of gift, met her lawyer, verified the pleadings and attended all her responsibilities and works.