SITA SUNDAR DEVI Vs. SAVITRI DEVI AND ORS.

JUDGEMENT

(1.) The original plaintiff, Devas Rai had filed the aforesaid suit for declaration that the gift deed dated 09.05.1967 said to have been executed by him in favour of defendant Nos. 2 to 4 is fraudulent, illegal and void. Further prayer was that the agreement alleged to have been executed on the same date in favour of Kameshwar Singh be also declared as fraudulent and that the plaintiff is not bound by the same. The plaintiff also prayed for cancellation of the gift deed.

(2.) The plaintiff prayed the aforesaid relief alleging that he is the owner of suit property. He has wife and a daughter named Sita Sundari Devi, who is married with Gyanendra Prasad Sinha. According to the plaintiff, he got Gyanendra Prasad Sinha educated and after completion he joined government service but at the instance of the plaintiff and his wife, Gyanendra Pd. Sinha left the service in 1964 and started residing with the plaintiff along with Sita Sundari Devi and their two daughters, Meera Kumari and Bharti Kumari. Gyanendra Prasad Sinha was looking after and managing the affairs of the plaintiff.

(3.) The further case is that on 20.4.1967 the original defendant No. 1, Ishwari Prasad Singh and Ram Kishun Rai came to plaintiff and requested him to sell plot No. 189 measuring 0.03 acre and plot No. 761 measuring 0.02 acre to defendant No. 5, Ram Kishun Rai because the plaintiff had no other lands near the above two plots, therefore, he was facing difficulty whereas defendant No. 5 had his lands near the above two plots. The plaintiff agreed and the consideration amount was fixed at Rs. 250/-. During the said negotiation the plaintiff and defendant No. 1 agreed that a pakka nala be constructed for irrigation purpose to irrigate the plaintiff's land comprised within plot No. 1064 and 1067. In fact the defendant No. 1, Ishwari Prasad Singh told that unless pakka nala is constructed it will be inconvenient to the plaintiff and defendant No. 1 to irrigate their lands and, therefore, they agreed that a pakka nala shall be constructed by them jointly by their joint expenses and that nala will in between plot No. 1064 and 1067 belonging to the plaintiff and right will be given to the defendant No. 1 to carry water through the land of the plaintiff. On 08.05.1967 defendant Nos. 1 and 5 came to the plaintiff and told him that the agreement and the sale deed shall be executed and registered on 09.05.1967. The defendants will go to the Registry Office at Dinapur on 08.05.1967 and shall get the documents prepared as there was morning office during that period. On 09.05.1967 plaintiff went to Registry Office and found defendant Nos. 1 and 5 with one Devanand Rai. They told that the sale deed and the agreement i.e. Ekrarnama has already been finalized and asked the plaintiff to put L.T.I. on the aforesaid documents. According to the plaintiff, the contents of the documents were not read over and explained to him. The scribe came to him and told that the people are objecting the entry of the plaintiff to the Registry Office as he is a leper and he remained standing outside the office. After some time they came out with a staff and again took his L.T.I. on several papers. The defendant Nos. 1 and 5 then took his L.T.I. on two chirkuts and paid him Rs. 250/-.