MUNNA KUMARI Vs. UMRAO DEVI

JUDGEMENT

(1.) Suit instituted by Kapoor Chand Jain (since deceased) against Sugan Chand Jain and Munna Kumari for declaration as null and void the gift deed dated September 9, 1959 executed by Sugan Chand Jain in favour of Munna Kumari was dismissed by the learned trial Court on May 22, 1973. Civil Regular First Appeal preferred by the plaintiff against the decree of the learned trial Court was allowed on March 7, 1990 by the learned First Appellate Court reversing the findings of the trial Court and holding that although the gifted property was self acquired property of Sugan Chand Jain, the gift deed was executed by him under the undue influence, therefore, it deserved to be declared as null and void. The defendant- Munna Kumari in the instant second appeal has assailed the findings of learned First Appellate Court.

(2.) At the time of admission of instant appeal following substantial questions of law were formulated :- (i) Whether the learned First Appellate Court has set aside the findings of the learned trial Court without assigning any good reason and by ignoring the evidence produced by the appellant? (ii) Whether the judgment of the learned First Appellate Court is liable to be set aside on the ground that finding is perverse?

(3.) As per the facts averred in the pLalnt Sugan Chand had adopted Kapoor Chand on April 25, 1944 and adoption deed was executed on January 27, 1947. On the date of adoption Sugan Chand and Kapoor Chand both had joint possession over the suit property. One Smt. Nangi w/o Gulab Chand who had started living with Sugan Chand, exercised undue influence over Sugan Chand and two years prior to his death when he was sick, got one gift deed executed on September 9, 1959 in favour of Munna Kumari. Kapoor Chand came to know about the execution of gift deed on August 18, 1960 when father of Munna Kumari made attempt to dispose of the gifted property. Kapoor Chand, therefore, on September 6, 1960 instituted suit for declaration and permanent injunction against Sugan Chand and Munna Kumari for adjudging the gift deed as null and void and restraining Munna Kumari from alienating the gifted property. During the pendency of suit defendant-Sugan Chand expired and the suit was contested by Munna Kumari by filing written statement wherein she disputed the factum of adoption. She pleaded that the gifted property was the self acquired property of Sugan Chand and at the time of execution of gift deed no undue influence was exercised by Smt. Nangi over Sugan Chand Munna Kumari was brought up by Sugan Chand from her childhood and gift deed was executed in her favour by Sugan Chand because of natural love and affection. This fact was also denied that Kapoor Chand had ever lived with Sugan Chand in the gifted property. A few days prior to death of Sugan Chand, it was Munna Kumari, who permitted Kapoor Chand to live in a room, kothri and kitchen and when she asked him to vacate the premises, Kapoor Chand had filed the suit with false averments. As many as eight issues were framed out of the pleadings of the parties. The trial Court after a detailed consideration of oral and documentary evidence adduced by the parties, held that Kapoor Chand failed to establish that he was ever adopted by Sugan Chand. It was also held that the gifted property was selfacquired property of Sugan Chand. The suit instituted by Kapoor Chand was, therefore, dismissed on May 22, 1973.