SUKHDEO RAI Vs. CHAMPA DEBI

JUDGEMENT

(1.) This is defendants appeal against the judgment of reversal. The substantial question of law framed at the time of admission of the appeal is, "Whether the court of appeal below has committed any error of law in writing the judgment of reversal without meeting the circumstances taken into account by the trial court in favour of the defendants".

(2.) The plaintiffs instituted a suit for declaration that the deed of gift executed by Khublal Rai in favour of defendant 2, Birendra Narain Rai, is void, fraudulent and the plaintiffs" title to the land gifted is not affected. One Kewaldut died leaving behind three sons, Khublal, Jublal and Thakur. Thakur"s (plaintiff) two sons are named Lakshmi (plaintiff 2) and Debendra (Plaintiff 3). Jublal"s son is Sukhdeo (defendant 1) and Sukhdeo"s son is Birendra (defendant 2). The deed of gift was executed by Khublal on 6-4-1976. Khublal died on 13-4-1976 and the suit was instituted in November 1976. It is stated that without the knowledge and consent of Khublal the deed of gift was brought into existence purporting it to be so by playing fraud on the Registration Department by another man. Undue influence has also been pleaded.

(3.) The defendants" case, on the other hand, is that the suit is hit by S.34, Specific Relief Act, in absence of any prayer for consequential relief. The three branches of Khublal, Jublal and Thakur separated long ago and partitioned their properties by metes and bounds. The illness of Khublal Rai was denied and it was averred that because of love and affection Khublal out of his own accord, before his death, gifted away the properties that fell in his share in favour of his grandson. It is further stated that it was Khublal who got purchased the stamp, got the deed scribed and it was he who presented on being properly identified before the registration officer and it bears his thumb impression, taken both at the time of execution as well as at the time of registration before the Registrar. Khublal Rai liked defendant 2 and he intended from before to make gift of his property in his favour and pursuant thereto the deed of gift was executed with full knowledge of the contents of the document, that it is a deed of gift.