AMBIKA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ONE Abhilakh Rai had two sons; namely, Swarath Rai and Kritanath Rai, who were married respectively to Ajora Kuer and Sahodra Kuer. Swarath and Ajora had a daughter, namely, Dhanrajia, who was married to Nagina and had a son, Balbhadra. In the year 1923, Swarath and Kritanath died whereupon Ajora and Sahodra executed a deed of gift dated 26th May, 1923 and thereby gifted the properties, which were jointly owned by Swarath and Kritanath, to Balbhadra, who was then three years old.

(2.) THE writ petitioners, who are the descendants of the siblings of Abhilakh, filed Title Suit No. 37 of 1923 seeking a declaration that Ajora and Sahodra, having no title to the land -in -question, could not gift the same and, accordingly, the deed of gift dated 26th May, 1923 is not valid.

(3.) IN the year, 1967 Sahodra died. Prior thereto Ajora died.