KAMAL KISHORE SONI Vs. INDIRA DEVI

JUDGEMENT

(1.) The petitioners, by way of the present writ petition, have challenged the order dtd. 27/9/2021 passed by the learned Civil Judge, Didwana, District Nagaur, whereby the application filed by the respondent under Sec. 45 of the Evidence Act has been allowed.

(2.) Shown of unnecessary details, the facts relevant for adjudication of the present writ petition are as follows: the plaintiff (respondent No.1) filed a suit for declaration and permanent injunction, praying that the gift deed dtd. 4/4/2014 be declared null and ineffective. It was asserted that Smt. Mafia, mother of the plaintiff, had already gifted the part of the land in question situated at Khasra No.2952 earlier by way of a gift deed dtd. 18/11/2013, and therefore the said land could not have been gifted again. The defendants filed a written statement to the suit and, while denying the contents of the plaint, stated that earlier, by way of "Bakshish-nama" dtd. 2/6/1998, Smt. Mafia had already gifted the land in question along with other portions of land in favour of defendant Nos.2 to 4 and the present petitioners. Subsequently, two sisters were impleaded as party respondents who filed their written statements along with a counterclaim, to which a written statement was filed by the plaintiff. Post completion of pleadings, 11 issues were framed by the trial Court.

(3.) It was later that an application dtd. 3/9/2016 came to be filed by Smt. Mafia (mother of the plaintiff and a defendant in the suit), stating therein that she had executed a "Bakshish-nama" way back on 2/6/1998, which was followed by a registered gift deed dtd. 4/4/2014, whereby the property was distributed among her three sons. She further stated that the plaintiffs have no right over the property in question and thus prayed to the trial Court, to do the needful.