SHEO NARAYAN SINGH Vs. BALA SINGH

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed of under Order 41, Rule 11 of the Code of Civil Procedure.

(2.) ONE Ramkhelawan Singh left behind his widow, Mostt. Moleshara, son Bala Singh and a daughter. Mostt. Moleshra executed a deed of gift dated 10.5.1976 in favour of Sheo Narayan Singh, said to be her daughter 's son in respect of the lands, detailed in schedule 'ka ' to the plaint. Bala Singh filed Title Suit No. 28 of 1979 for declaration of the said deed of gift to be forged, fabricated and void. On the dispute regarding the years of death of Ramkhelawan Singh, whether in 1935 or 1945, both the courts below concurrently held that he died in 1945 i.e. after coming into force of the Hindu Women 's Right to Property Act, 1937.

(3.) IN such circumstances, I find that the court of appeal below erred in holding Ext. A to be invalid. I therefore, set aside the impugned judgment and decree of the first appellate court and confirm the trial court 's judgment and decree.