BARISTER SINGH Vs. LOHARI SAO

JUDGEMENT

(1.) -This is a defendants Second Appeal in a suit filed by the plaintiffs respondents for declaration that the deed of gift dated 23-9-1979 purported to have been executed by Gyanchand in favour of Sitapati in respect of the suit property measuring about 8 f decimals of land situate in Mauza Telpa Kalampur Shahartelpa, Police; Station (Carpi, District Jehanabad was fraudulent, sham and inoperative and also for declaration that the Mutation Case No. 519 of 1985 was illegal and also for temporary injunction restraining the defendants from making any alienation of the suit property.

(2.) The case of the plaintiffs-respondents was that one Jhauri Sao, grand-father of plaintiff No. 1 Lohari Sao had two sons, namaly, Ramdbani Sao and Devi Charan Sao. Ram Dhani Sao had a son named Gyanchand who married one Marchhi after the death of his first wife. The plaintiff No. 1 Lohari Sao is the son of said Devi Charan Sao, and that the deed executed by Gyanchand Sao was illegal and sham transaction. The plaintiffs were entitled to the relief claimed.

(3.) The suit was contested by the defendants also denying the, plaint allegations and that the gift deed was legal and genuine, executed by Gyanchand Sao in respect of some of the properties and he fraudulently took settlement of the lands in dispute, and that the suit was liable to be dismissed as no case for granting any relief was made out.