SK AZIMUR RAHMAN Vs. BIBISAKILA KHATOON

JUDGEMENT

(1.) THE defendants have filed this appeal before this Court.

(2.) THE suit has been filed for a declaration that the deed of gifts 12 in numbers dated 24.11.1992, 25.11.1992 and 27.11.1992 be declared as forged and fabricated and it should be held by the Court that the said deed of gifts were never acted upon and are not binding on the plaintiff.

(3.) THE plaintiff's case is that he had separated from his brother and he alongwith his wife were living separately for the past 38 years. It has been stated in the plaint that in the year 1990 he had executed an Ekrarnama dated 15.6.1990 in favour of his wife before going for Haj. The said Ekrarnama was executed in lieu of dowar debt and it has been stated in the deed aforesaid that after returning from Haj, he would execute a registered deed in favour of his wife with respect to 4 Bighas of land. The plaintiff Abdul Aziz after returning from Haj fell ill and for one reason or the other he could not execute the said registered deed in lieu of the dowar debt. The plaintiff claims that he remained unwell since 1990 and he had to get himself treated at his village home at Dhaka, Muzaffarpur, Motihari and Nepal. In fact he had to take treatment at Darbhanga and had to remain away from his village for about 21/2 months. It is the specific case of the plaintiff that he needed money and for this reason he asked his friend, who is a doctor, to look for purchasers for his land. At that time he came to know that several deed of gifts have been created by the defendants in their favour which has been registered on 24.11.1992, 25.11.1992 and 27.11.1992. The plaintiff also claims that two gift deeds have been created in favour of his wife in order to make the entire transaction appear genuine, therefore it became necessary for the plaintiff to file this suit for setting aside the deed of gifts executed in favour of the defendants: