PARAS SINGH Vs. BAIKNNTB SINGH

JUDGEMENT

(1.) This application by the plaintiff is directed against the order dated 18-.-1978 of the Second Additional Subordinate Judge Jahan- abad, holding that the suit had abated in view of the provisions of section 4 (1) (c) of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956 (hereinafter called the 'Act').

(2.) In the aforesaid suit the principal relief, claimed by the plaintiff was "for declaration of his title as absolute owner of the lands in suit on declaration that the said deed of gift dated 2-2-1973 purported to be executed by the said Baliram Singh in favour of the defendants is illegal, void and inoperative and not binding on the plaintiff." The lands were situate in two villages, namely, Solhanda and Naugarh bihta, both in the district of Gaya.

(3.) The plaintiff claims title to the suit property on the basis of a registered deed of gift executered in his favour by the pro forma who according to the plaintiff was the nearst heir of said Baliram Singh who died on 10-2-1970. According to the plaintiff, the deed of gift dated 2-2-1973 purported to have been executed by Baliram Singh in favour of the defendants 1st party was void and inoperative for reasons which will be set out presently and, therefore, conferred no title upon the defendants 1st party.