SRIMATI HANKARI DEVI Vs. RAJBHAWANI DEVI

JUDGEMENT

(1.) First Appeal No. 497 of 1973 and First, Appeal No. 224 of 1976 were heard analogous as both the appeals arise out of the common judgment dated 31st August, 1973 passed by Sri Rameshwar Narain Singh, 2nd Additional Subordinate Judge, Champaran at Motihari in Title Suit Nos. 164 of 1967 and 345 of 1967 (both analogous). Accordingly, both these appeals are being disposed of by this common Judgment passed in First Appeal No. 497 of 1973.

(2.) In Title Suit No. 164 of 1967 Bhagwat Rai and others were plaintiffs and Madan Singh & others were the defendants. The said title suit was filed for declaration that the registered deed of gift executed by original defendant No. 2 Sukhdeo Rai in favour of his daughter's son Madan Singh (defendant No. 1) is void and not binding upon the plaintiffs. Partition Suit No. 345 of 1967 was filed by Smt. Hankari Devi and another against Most. Singari Kuer and others for partition of their half share in the property described in Schedules 1 and 2 of the plaint. As per the judgment of the learned Subordinate Judge dated 31st August, 1973 Title Suit No. 164 of 1967 was decreed (in part) whereas Partition Suit No. 345 of 1967 was dismissed and as such, in the present appeals defendants of Title Suit No. 164/1967 and plaintiffs of Partition Suit No. 345 of 1967 are the appellants.

(3.) Before making comments on the judgment of the trial court, I would like to state the respective case of the parties.