GOPAL TEWARI Vs. UMAKANT TEWARI

JUDGEMENT

(1.) HEARD .

(2.) THE plaintiffs are the petitioners before this Court against an order passed in terms of Section 4C of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the "Act") ordering abatement of the suit. Defendant -opposite party No. 1 has died and as his heirs are on record, his name is expunged. Rest of the defendants -opposite parties have appeared and have supported the impugned order submitting that as per the plaint, the plaintiffs - petitioners had claimed that the document in question was void and nullity and on such pleading, the case would be covered by 1980 BLJR 14 [: 1979 PLJR 567] and the matter would abate.

(3.) KEEPING this distinction in mind if the pleadings in the present suit are looked, the pleadings are that the deed of gift in question is voidable. It is pleaded that it has to be declared void for it has been got executed fraudulently. If this deed of gift was not challenged then it would be valid for all purposes. It is only consequent to a challenge and after calling for the same and declaring it void that it looses its legal sanctity. In other words, the said deed is valid till it is declared void. This plea clearly shows that the documents is valid till steps are being taken to avoid the same.